A young man has been sentenced to four years in prison by the Third Section of the Alicante Provincial Court for sexually assaulting three juveniles, who were friends of his sister, while they were spending the night at his home.
He is convicted of three counts of sexual assault against a minor, one of which involved carnal knowledge, with mitigating circumstances of undue delay. As a result, he is sentenced to two six-month prison sentences and an additional three-year sentence by the court.
The convicted man is required to pay 5,000 euros to two of the victims and 15,000 euros to the third as compensation for the moral damages caused to the juveniles by the events.
Additionally, he will be prohibited from approaching or communicating with juveniles within a 200-metre radius of one of the victims for a period of eight years and for a period of five years with the other two.
The victims were 12 and 13 years old
According to the sentence’s statement of proven facts, the victim, who was 12 years old at the time, was asleep at her friend’s residence in Novelda on October 13th, 2018.
During the early morning, while the girls were each asleep on a sofa, the accused enquired if he could join them for sleep, as he was unable to sleep alone. He then sat down on the sofa and subjected the victim to touching her private parts.
In October 2018, the defendant’s sister invited the second victim, who was 13 years old, to spend the night at her mother’s house. The defendant’s sister then exploited the situation by inviting the victim to her room.
The prisoner caressed her private parts and compelled her to perform fellatio on him upon entering the room.
On November 17th, 2018, the final attack took place when a third girl, aged 12, retired to sleep at the residence of the convicted man. Despite the victim’s protests, the accused entered the room where the minors were sleeping, grabbed the hand of his sister’s friend, and forced it towards his genitals.
The ruling, which is not definitive and can be appealed before the Civil and Criminal Division of the TSJCV, determines that the proceedings were excessively prolonged and that this duration cannot be attributed to the convicted individual, but rather to the Provincial Court’s substantial workload. Consequently, it regards the mitigating circumstance of unwarranted delays as highly qualified.
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