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Accused of raping a 12-year-old girl, a man has been acquitted

Alicante Provisional Court

A young man who was a couple with a 12-year-old girl in San Vicente del Raspeig was absolved of sexually assaulting her in Alicante Juvenile Court No. 2. The man, who was 17 years old at the time of the reported incidents in 2023, was facing a request from the Prosecutor’s Office for nearly three years of confined confinement. He has since been acquitted.

The ruling has established that both parties engaged in sexual intercourse with vaginal penetration. However, it does not establish that the defendant, who was represented by attorney José Luis Sánchez Calvo, used “intimidation or violence” or that the interaction was “without consent,” as the victim did not disclose the alleged assault until one year had passed.

The ruling also notes that the young man was four and a half years older than the younger girl. Although the two exhibited a clear distinction in physical development, “there is no evidence that such a difference also existed in the psychological realm.”

The facts that were established in the ruling are dated back to September 2022. The minor was involved in a romantic relationship with a 12-year-old female. They engaged in sexual intercourse that involved vaginal penetration at one point while they were in her family residence. Conversely, the magistrate maintains that intimidation or violence were not employed during the incident.

According to the ruling issued by Juvenile Court No. 2 of Alicante, they terminated their relationship as a result of this purported abuse; however, they re-established it six months later and continued to engage in consensual sexual intercourse until the separation in October of the same year.

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A complaint that was filed after the fact


In the same month, the girl and her mother visited the police station to report the purported abuse. She reported that her partner proposed having intercourse with her while they were alone at her partner’s parents’ home. She declined, requesting that he cease. However, the girl informed the officers that he persisted in his refusal to relinquish her and pursue another woman. He ultimately forcibly removed her trousers, and they engaged in sexual intercourse.

The ruling asserts that the minor informed her mother the day following the incident that she had engaged in sexual intercourse with her lover, but that she had not been coerced into doing so. The couple separated in October 2022, one month after the alleged maltreatment, as per the advice of her parents. The young man apologised to her parents six months later, and they consented to the resumption of their relationship.

According to the complainant, they engaged in “consensual” sexual relations during the eight-month duration of the second phase of this relationship, which concluded in October 2023. It concluded with four distinct versions of the narrative; however, the precise rationale for this ending remains uncertain.

The mother stated that they requested it after discovering that the initial relationship was coerced. In the interim, the man who was exonerated claimed that they parted ways due to the minor discovering that he was dating other women. The victim presented two alternatives: initially, she expressed her fatigue with the relationship; however, she later disclosed that she had forbidden her partner from recording the consensual sex out of concern for the potential virality of the images. The defendant’s phone did not contain any recordings, as indicated in the sentence, according to the Civil Guard.

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Costa Blanca

Clocks go forward one hour in the early hours of Saturday/Sunday

The time change will occur this weekend, which is the final weekend of March. In particular, we will need to advance our clocks by one hour in the early hours of Saturday and Sunday, so that at two in the morning, it will be become three.

Data from the Institute for Energy Diversification and Savings shows that electricity consumption only decreases by 5% during daylight saving time, despite the fact that the measure was designed to save energy and electricity by maximising daylight hours.

In any event, this is a modification that occasionally causes confusion even though it is generally accepted by the public. Without a doubt, in this instance, the clocks need to be advanced by one hour, making 2:00 a.m. become 3:00 a.m.

It’s true that the time change has been losing popularity in recent years, regardless of personal preferences. There is growing support from corporations, public agencies, and residents to eliminate the adjustment and establish a clear date. Even the European Union is now involved in this discussion. In 2019, the community body proposed to do away with the time change in a directive. However, the final decision has been forced to be put off indefinitely due to the 27 member states’ lack of unanimity and the unstable international environment.

Spain will keep the time adjustments in place for at least the upcoming year; the dates for the modifications until 2026 were published in the Official State Gazette in 2022. We won’t know until then if our nation will stick to the alternating time or, conversely, establish a firm schedule.

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Scooter hit by a tram in Sant Vicent

Alicante Tram

In Sant Vicent (Alicante), a 32-year-old man was hurt on Friday afternoon, 28th March, when he was struck by a tram while he was riding a scooter.

The individual was treated for several injuries by the medical staff of a BLS and a SAMU (Emergency Medical Service) unit that were sent to the scene. The Emergency Information and Coordination Centre (CICU) reports that BLS then transported him to Dr. Balmis General Hospital.

The mishap caused the Alicante-Luceros tram to be stopped at 5:23 p.m. while it was passing through Universitat between Universitat and Santa Isabel. The train was then resumed at 6:11 p.m.


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20,000€ for bullied child in Catral

The Ministry of Education was ordered by the High Court of Justice of the Valencian Community (TSJCV) to compensate the family of a youngster who acknowledged being bullied at the Catral Secondary School from 2020 to 2021 with €20,000.

According to the resolution, when the family of the student, who was 14 at the time, reported the school violence, the school denied that it was happening and even deemed the victim’s absences from class to be unwarranted, indicating that the management team of the school failed to implement procedures to address the incident.

Additionally, he used the COVID pandemic as an excuse for suspending the three students who had confessed to bullying when he eventually activated them to impose sanctions.

Only when psychological studies verified the effect the incidents had on the victim’s mental health did the educational authorities cease their inaction.

Threats, shoving, and insults through WhatsApp


According to the Administrative Litigation Chamber’s Section 4 order, the child has been the victim of “constant” bullying by three Catral Secondary School classmates since the start of the 2019–2020 academic year. They frequently spat slurs at the youngster, including “Chinese, Asian, fat, pig…” and instances where they assaulted her, stole her school supplies and concealed them, or chalk-stained her clothes. They once dumped her rucksack, which contained all of her books, into a puddle of water. She was frequently abused on social media and threatened via WhatsApp after school.

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A pattern of harassment


When the student’s family, led by lawyer Pablo Pérez Sola, discovered their daughter was being tormented in December 2019, just before the Christmas holidays, they reported the incident right away to the school, which promised to talk to the perpetrators.

Because they “did not observe a pattern of bullying behaviour towards the student,” the school’s management team insisted that no protocol be created for this circumstance, keeping the bullies in the victim’s classroom for the rest of that school year. According to the instructors, “no cases of bullying were observed when the parties were questioned, and due to the fact that once mediation was conducted, the situation ceased to exist—in their assessment.”

Students who were impacted were warned that “any sign, however small, of animosity would be severely punished and would involve the opening of a case to prevent situations of school violence and the corresponding sanctions.” The school’s administration and teaching staff also promised that “an intensive observation process was carried out by the guidance department.”

Report


The Ministry of Health’s Child and Adolescent Mental Health Unit (USMIA) confirmed in a report that the affected individual had “anxiety-type symptoms secondary to bullying from the previous year” in October 2020, when the school year had begun with restrictions because of the pandemic. In response, the IES committed to creating a program for the minor’s gradual reintegration into the centre, where it had already acknowledged the bullying that it had denied.

The reintegration program was used to justify the student’s absences, as they had not been consistently attended since the start of the school year. But “after a period of time,” the IES concluded that they were unjustified, citing the Education Inspectorate’s and Social Services’ directives as justification.

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In-home educational support


The minor’s parents sent the school with additional paperwork in September 2021, including a second USMIA assessment that suggested the student get home-based educational treatment. The procedure for requesting this kind of help started, and the Generalitat (Catalan Government) finally approved the request.

The court’s decision to support the appellant family is actually based on this ruling: the centre thought that the protocols weren’t necessary to start, but nearly two academic years later, it activated this home care measure, thus it feels that the earlier protocols were required.

Psychiatric report


A 2022 psychiatric report that is part of the case file states that the youngster has mental diseases that are consistent with the diagnoses of “post-traumatic stress disorder” and “conversion disorder,” which have “a direct and causal relationship between the expert diagnoses and the bullying.”

According to the same report, “it would be highly advisable to proceed with intensive psychiatric and psychological treatment, for a period of time that, at this time, we cannot specify.” These psychological injuries are described as having “an irregular and persistent evolution that has barely improved with the prescribed treatments” and “producing a notable alteration in his capacity to lead an independent life.”

Appreciation


The Ministry of Education claims that because the lockdown brought on by the COVID outbreak began, the disciplinary actions and reprimands against the participants were halted, “so they were never filed.” Given that the family’s appeal had been submitted to the Legal Advisory Council prior to the proceedings reaching the TSJCV (High Court of Justice), the Ministry of Education itself accepted this.

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This process included the Generalitat taking responsibility for 5,000 euros in 2023 for not pursuing disciplinary action against juveniles who “had admitted responsibility for certain acts.”

Abandonment


The decision is “a public denunciation” of the negligence that “the administration often displays in these cases” when bullying takes place in educational institutions, according to attorney Pablo Pérez of the Pardo y Pérez Abogados company. In the absence of a response from the administration, which dismissed the case due to the statute of limitations, the family filed a criminal complaint with the Juvenile Prosecutor’s Office, seeking €56,000 in compensation in its appeal.


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