Eight years in jail 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 Feve station in Santander.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 the minor payment of compensation of 10.000 euros for the damages caused, and that, 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 approached him."Observing that the boy presented signs of disability (strabismus, motor and oral clumsiness, walked on theresolution.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 minor, doing it 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 when they coincided inside, the defendant "told him that when they wanted they could go to a hotel or a nudist beach".The child told his mother what happened as soon as he got home, and that same day he denounced the facts, for which the defendant was in preventive detention three weeks.
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 sexual abuse with carnal access by mouth.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 "either plausible or credible" the version of the defendant, which "is seen contradicted by the recordings of 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 he also pointed out "that he had no encounter with the child and that he 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 services of the station of the station «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 can be submitted against the judgment.
