The Civil and Criminal Chamber of the High Court of Justice of the Region of Murcia has dismissed the accused’s appeal against the sentence imposed by the Third Section of the Provincial Court of Murcia, thereby fully confirming the sentence of 12 years and six months in prison for three crimes of minor corruption and one of sexual abuse, as well as a 900-euro fine for a minor crime of threats.
According to the now-confirmed facts, the accused earned the trust of three children, ages 14, 13, and 12, by promising them money and presents and even propositioned them for sexual relationships. He made this offer to two of them on occasion and “repeatedly” to the third, “despite the minors’ constant refusals.”
According to the verdict, on one occasion, the accused offered them 500 or 1,000 euros for “a threesome” and, a year later, 600 euros each if they consented to “give him their virginity.” Furthermore, the ruling regards as proven an occurrence in which the accused inappropriately touched one of them.
The court dismisses the main ground of appeal, based on the alleged breach of the fundamental right to the presumption of innocence, and decides that the appealed decision is founded on “sufficient incriminating evidence”, “constitutionally obtained”, “legally conducted”, and “rationally assessed”.
After evaluating the evidence, the Court concludes that the lower court conducted “a thorough analysis of the evidentiary activity carried out,” applying the jurisprudential criteria relating to subjective and objective credibility, as well as the persistence of the incrimination.
The Court emphasises that the victims’ accounts, who were minors at the time of the events, present “logic and coherence, both when assessed individually and – and this is especially revealing – when analysed together,” allowing us to appreciate “the same’modus operandi’ of the accused,” which consisted of offering money or gifts in exchange for sexual acts.
He adds that these testimonials are supported by further data, such as family member comments and professional assessments, which demonstrate the psychological damages suffered by the youngsters.
In this regard, the decision finds that there are no “ulterior motives, hatred, resentment, or revenge” that weaken the credibility of the allegations.
Regarding the second ground of appeal, relating to the inappropriate application of many Penal Code provisions, the Court reminds that this sort of challenge must be assessed in light of the facts declared proven in the court’s judgement.
After dismissing the claim of presumption of innocence and confirming the Provincial Court’s assessment of evidence, the High Court of Justice concluded that the proven facts fit correctly into the applicable criminal types, and thus found no legal infringement or error in the legal classification of the accused’s conduct.
The Court also confirms the sentences imposed, which include prison terms, restraining orders, and communication bans for the victims, special disqualification from any profession or occupation involving contact with minors, and supervised release following the completion of the custodial sentences.
Author: Derek Appleton
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