A juvenile court in Murcia is looking into whether a nine-year-old kid was sexually assaulted about ten times by his stepbrother, who is also a young boy. The court even thought about throwing out the case because the alleged crimes happened before the accused turned 14, which is the age at which a person can be held criminally responsible.
The activities that are being looked at are said to have happened in the summer of two years ago. The boy’s mother told the police what happened after her kid told her. The mother said that her son, who was seven years old at the time, was abused by his elder brother, who was thirteen at the time, on weekends when he stayed at the residence where his older brother lived. The youngster told his mother that the sexual attacks happened while he and his stepbrother were “playing superheroes.” The victim said it had happened “at least ten times.”
The youngster told his mom that the attacks happened when they were playing “superheroes.”
A lawsuit was filed when the mother made a complaint. It was suggested that the victim be able to testify through a pre-trial deposition to avoid being victimised again. This is a step that happens before the trial and is then added to the trial record, where it has the same weight. It is commonly used on victims who are young or weak.
The Juvenile Court No. 2 of Murcia issued an order in June 2025 stating that “there is no basis for taking the testimony of the 9-year-old minor as pre-constituted evidence, considering it unnecessary since the actions taken do not provide sufficient evidence of criminality that the criminal acts in question were committed after the minor under investigation had reached the age of 14, which will not change with the pre-constituted evidence that is sought.”
The victim’s mother went to the Provincial Court, and the Second Section has already made its decision. The Public Prosecutor’s Office agreed with the woman’s appeal and asked that the decision be changed.
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The court stresses that “it is not possible to rule out the possibility that some of the incidents could have occurred” after the alleged aggressor turned 14 in upholding the appeal. That’s why it’s so important to have the victim’s testimony.
The Court’s ruling says that the judge’s assessments were wrong because they completely ignored the test’s results before it was done and without knowing the details. This decision goes against the Juvenile Court’s decision and requires the pre-constituted test to be done.
Keep in mind that the current Penal Code in Spain says that people under 14 can’t be detained or investigated, no matter what they are accused of.
However, police and court sources say that if these kids are found guilty of a crime, “the parents are civilly responsible, and the courts can take away custody of the kids if there is no education or authority over them.”
This is what happened in the case that this newspaper wrote about last summer: a 12-year-old kid in a town in the eastern portion of the region sexually molested a 5-year-old youngster. The victim had autism spectrum disorder (ASD). The court told the youngster’s parents to reimburse the victim €25,000 because the boy was not found to be criminally guilty.
Author: Derek Appleton
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