The High Court of Justice of Andalusia (TSJA) has confirmed the sentence of four years in prison for a man convicted by the Provincial Court of Almeria for a crime of sexual abuse of minors with prevalence, after touching the underage daughter of a cousin.
The Andalusian high court dismissed the appeal against the first instance ruling, which declared proven facts that took place between 10 and 15 July 2019 in a tools shed.
It was there where the convicted man sat the girl, daughter of his cousin sister, on his knees, and «with lewdness, while she was looking distractedly at the mobile phone he had lent her, he put his hand inside her trousers and over her panties» to touch her genitals.
«The minor crossed her legs to make him stop and the accused opened them, telling her not to cross them, leaving in discomfort moments later», says the sentence, which states that the victim currently presents «symptoms compatible with child sexual violence consisting of fear towards the accused, nervousness and shame related to the events, emotional discomfort, feelings of sadness, rejection and incomprehension regarding the events suffered».
«There has been sufficient evidence (the victim’s statement alone, if it is plausible according to the parameters proposed by the jurisprudential doctrine, can constitute a sufficient basis for conviction), there has been no error in its assessment, nor has the defence managed to generate a doubt or uncertainty which, by application of the principle of in dubio pro reo (also invoked in the appeal) should lead to acquittal», the TSJA points out.