TSJ Ratifies the five-year sentence of Oltra's ex-husband for abuses of a protected minor
The fourth section of the Provincial Court of Valencia has ordered that the
judicial investigation
be reopened
against four workers of the Ministry of Equality
who allegedly abandoned or left unprotected the minor who was a victim of sexual abuse by the ex-husband of the owner of this department and vice president of the Generalitat, Mónica Oltra.
This man was sentenced - the TSJCV has ratified the sentence - to
five years in prison for having abused a protected minor
who resided in the center where he worked as a social educator.
On May 18, the victim, now of legal age, filed a complaint against the Valencia regional director of the Ministry of Equality, the director of the reception center, the psychologist of the minor's section of the territorial management and an official of the The same Ministry that instructed an internal file for the
alleged crime of abandonment and omission of guard and custody duties
.
In the car where the reopening of the investigation is ordered, to which EFE has had access, the Hearing collects a "very succinct" summary of the facts.
The complainant, who in February 2017
was 14 years old
and was sheltered under the supervision of the Generalitat, "informed those responsible for the center where she was sheltered that she was being sexually abused by an educator from the center ".
In the complaint, this young woman stated that those responsible for the reception center, psychologists, civil servants and senior officials of the Department of Equality and Inclusive Policies
"had knowledge of the abuses in February 2017 and for several months they omitted their duty to report
.
"
"Instead, they
victimized the girl
, discrediting her through 'ad hominem' arguments and personal attacks; later in June 2017, when the girl told the Police that she was being abused, they tried not to give her credit and carried out a kind of of
parajudicial investigation of which they did not inform the Prosecutor's Office for Minors
with the sole purpose of deactivating the complaint ", details the Hearing on the complaint that gave rise to this process.
And he adds that, "for this, they referred the girl under guardianship to a private psychological center that prepared an 'ad hoc' report; they hid that 'confidential information' for two years and uncovered it a few days after the end of the trial; Abuse protocol prepared 'ex post' by the abuser himself in agreement with the director of the center and they
allowed the abuser and victim to live together in the same center during all those months
".
The Prosecutor's Office considered that the criminal significance of the events "passed through the prior existence of a cover-up" on the part of the defendants and demanded testimony of the sentence on the abuser from the second section.
The public prosecutor has already advanced that, if the sentence is not final, it would request the provisional file, "until a factual account of the conduct of the convicted person is available that could be considered immovable, and therefore the basis for the assessment of the conduct. of the denounced ".
Last October, the Investigative Court number 15 endorsed the position of the prosecutor and decreed the
provisional dismissal
of the present proceedings for not having proven the perpetration of the crime.
The complainant appealed this provisional file and informed the Fourth Section of the Provincial Court that
the sentence was confirmed by the TSJCV last September
, "the facts declared in it being thus immovable."
"In any case," added the defense of the young woman in her appeal, "the complaint should not depend on the vicissitudes that the conviction of the educator subject to that procedure may follow, considering that the denounced facts would be punishable even if said man was finally acquitted. ".
The magistrates of the Fourth Section have addressed these reasons and state that "the facts reported in this proceeding are different from those charged in the previous proceeding, it is directed against different persons."
And for this reason, "the facts reported in the complaint -
failure to
apply institutional action protocols in cases of suspected sexual abuse
of minors and breach of their duty of custody and the duty to report the crimes of which they have news - may be constitutive of crime ".
All this without prejudice, adds the order of the Hearing, that "the remaining facts denounced -creation 'ad hoc' of a parallel psychological and parajudicial report delegitimizing her testimony- may, likewise, constitute the crimes that by the appellant are reported ".
According to the criteria of The Trust Project
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