The Court of Teruel has acquitted a resident of Bajo Aragón that he was accused of a continued crime of sexual abuse of his three-year-old daughter and that he was tried for this reason on March 1.
In their sentence, the magistrates of the Teruel Court consider as proven facts that on an undetermined day in 2020 the little girl touched her father’s penis, but they argue that The circumstances in which this event took place have not been proven, acknowledged by the accused himself, “so sexual content cannot be attributed against the accused”.
The ruling of the Court indicates that it cannot be ruled out, as the defendant stated during the trial, that it was the girl who, seeing her father naked from the waist down at the time of putting on pajamas, “was curious to touch it without the defendant having imposed it and, consequently, without any sexual meaning“.
The judicial document indicates that neither the mother nor the brothers of the little girl, witnesses of the accusation, have been able to specify the basis of their suspicions “or other significant data”. In the report issued by the psychologists attached to the Institute of Legal Medicine of Aragon who interviewed the minor, it is stated that the girl makes no clear reference to the actions and reactions of the alleged abuser, “without describing the interactions and without making allusions to her own state”, so the experts concluded by qualifying the little girl’s testimony as “of an indeterminate character”.
Add the sentence that, in the opinion of the psychologists, there is also no clarity on whether it occurred one or more times, taking into account the testimony of the minor. For all these reasons, the Court considers that the evidence supporting the accusations “they are not solid or consistent” and, consequently, they have not achieved the Court’s full conviction of the defendant’s guilt.
The Public Prosecutor requested seven years in prison for the defendant, the deprivation of parental authority and the prohibition to approach or communicate with the girl for ten years. The private prosecution, brought by the girl’s family, requested that the defendant be sentenced to six years in prison.