Condemned a man eight years in prison for abusing a minor with disabilities in public bathrooms
The Provincial Court of Cantabria has sentenced a man to eight years in prison for sexually abusing a 17 -year -old boy who suffers an intellectual disability when he entered the public bathrooms of the Santander Feve station.
In a sentence that is not firm, the Court considers the accused author of a continued crime of sexual abuse with carnal access by mouthwalk, and in addition to the prison sentence, imposes a measure of subsequently monitored freedom of five years.
In civil liability, he condemns him to the payment of compensation to the lowest of 10,000 euros for the damages caused, and, as can be seen from forensic reports, the boy presents fears of posttraumatic stress.
According to the story of Acts, in February 2020 the defendant entered the bathrooms of the station, where he remained 13 minutes.Throughout that time, the child entered and then the man waited for another user to leave and approach him.
"Noting that the boy presented signs of disability (strabismus, motor and oral clumsiness, walked bamboleante), wishing the defendant satisfying his sexual desires, made him enter with him one of the private toilets saying 'enters, enters," explains the resolution.
Once both inside and with the door closed, "taking advantage of the fact that the child was frightened and without reaction capacity, the defendant lowered his pants, exhibiting the child his virile member, preparing him to make him fellatio, doing so byFear and confusion, given its disability, reaching the process to ejaculate in the child's mouth. "
Then, "the defendant lowered the pants and underwear of the child, doing that to this other fellatio" and then "hugged him and kissed him."
After these facts, the defendant left the toilets and remained at the station watching until the child left the services.He repeatedly returned to rinse his mouth and the defendant too.On one occasion they coincided inside, the defendant "told him that when he wanted to go to a hotel or a nudist beach."
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The child told his mother what happened as soon as he gets home, and that same day he denounced the facts, for which the defendant was in preventive detention three weeks.
"Neither plausible nor credible" the version of the convicted
In its judgment, the Chamber considers that the declarations of the minor, the recording of the security cameras and "the contradictions and notorious inconsistencies" warned in the statements of the prosecuted itself, allow to consider that the facts that have been accredited are constitutive of a crimeContinuous of sexual abuse with carnal access by mouths.
In this regard, he points out that the content of the manifestations of the minor throughout the instruction and in the trial has always been the same, in addition to the fact that there are no spurious motifs on the other hand to harm the defendant, given that "I do not knowThey knew anything. "
On the contrary, he does not consider "neither plausible nor credible" the version of the defendant, which "is seen contradicted by the recordings of the security cameras." And it is that the defendant said he had gone to the bathroom because he was bleeding from the nose,when in none of the recordings this fact can be seen or that he would carry a handkerchief or a hand in his nose; and also pointed out "that he had no encounter with the minor and that did not coincide in the toilets with him."
However, for the court the recording "does not leave a doubt", since the defendant coincided with the child inside the gentlemen's services "nothing less than four times, the first for almost seven minutes (period in which the criminal acts happened), "says the sentence.
For all these reasons, the audience "has obtained the total conviction that the events occurred as the accusations are related to them," both public and particular, and that they are constitutive of the aforementioned crime.
Appeal for the Civil and Criminal Chamber of the Superior Court of Justice of Cantabria may be submitted against the sentence.
