He Superior Court of Justice of Andalusia (TSJA) has reduced six months, in application of the law of only yes is yes Promoted by the Ministry of Equality Irene Montero the prison sentence imposed by the hearing of Málaga to a man who abused his 13 year old granddaughter. The sentence thus goes from eleven to ten and a half years in jail.
He TSJA maintains as proven that, at least since 2017, the man had been living on a plot owned by his daughter and her husband, residing in a van parked within the land until a separate room was built within the estate.
The family used to go to the farm on weekends and the youngest daughter, despite having her own room, he slept with his grandfatherfirst in the van on a mattress that they both shared and later in their room, as it was considered proven by the Audiencia de Málaga.
Taking advantage of this circumstance, in the spring of 2017, and when his granddaughter was sleeping inside the van, the defendant lay down next to it and performed touching until the girl ran out and hid in the bathroom, according to the sentence.
The minor did not tell her parents what happened “before the apologies from your grandfather, which told him that he was asleep, and the fear of his mother’s reaction ». These types of events did not stop and the last episode of this nature took place in July 2019.
For this reason, he was sentenced for a continued crime of sexual abuse to eleven years in prison and was prohibited from approaching less than 500 meters from the minor and communicating with her by any means for 16 years, as well as disqualification from any profession that involves contact with minors.
The defense filed an appeal before the reform of Organic Law 10/2022, of September 6, on the Comprehensive Guarantee of Sexual Freedom, better known as the law of only yes is yes, but the TSJA applies it ex officio “as more favorable to the accused” and lowers the sentence to ten and a half years in prisonwithout this reduction extending to the penalty of prohibition of approach and communication or to that of disqualification.
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