They reduce by the law of only if it is yes 14 months the prison sentence for a father who raped his daughter with intellectual disabilities for nearly 20 years

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New case of reduced sentence of a sexual offender in application of the Law of Guarantees and Sexual Freedom, known as the law of

.

In this case, with the aggravating circumstance that it is a father, who was convicted of raping his daughter for almost 20 years, from when she was 11 to 30. The minor also suffered from an intellectual disability valued at 51 %, appreciated based on a slight delay.

The review of the sentence of the

, requested by the sexual offender's lawyer, has been reduced from the 14 years and four months to which he was sentenced to 14 months less: 13 years, two months and 21 days.

The sentence was ratified by the

in March 2022 and the Court Chamber has admitted the revision of the sentence despite having the opposition of the private prosecution.

The conviction established that the sexual abuse by the father began when the girl was 11 years old.

Both had lived since 2000 in a house in

, where they had moved from

, where, according to the proven facts of the sentence, and from a year before, a progressive rapprochement of a sexual nature began, "which consisted of in that first moment in kisses on the mouth and touching the intimate parts".

But since they began to live in

, the behaviors of a sexual nature worsened, "always taking advantage of the fact that the mother was absent from home."

From the time the girl was 16 years old, he also took her to her workplace, a cooperative, during the weekends, on the outskirts of the town, taking advantage of the fact that the premises were closed and with the excuse of going to give eat the animals that were there.

Since then, the violations have followed one another.

Once in the family home and the rest in said closed facilities.

In addition to raping her, she beat her violently and threatened to harm her mother or her grandmother, "causing her in permanent fear."

The father even bought him a sex toy and sent him messages through a messaging application that "showed the libidinous spirit of the condemned man."

It came to be that the daughter, over the years, moved to live in

, but even then the father constantly harassed her over the phone and even forced her to return to the town where she lived, La Zarza. , during the weekends, where the sexual abuse returned.

During the commission of the sexual assaults, the victim always presented "a situation of submission, fear and asymmetry with her father, who took advantage of her disability knowing that it made her an innocent and dependent person, turning the victim into a person fragile and defenseless."

Since then, the girl has suffered from post-traumatic stress.

The daughter, already when she was 30 years old, made the decision to act in the face of her father's abuse.

It was after a dispute with him and then she already told her mother and she told the facts before the Civil Guard.

The day after filing the complaint, the father was arrested and imprisoned.

Continued crime of sexual assault

After the trial, the father was sentenced as the perpetrator responsible for a continued crime of sexual assault to 14 years and four months in prison and compensation of 30,000 euros to his daughter, in addition to probation for a period of ten years that would be served after the custodial sentence imposed and now reduced by 14 months.

After the legislative changes introduced by the

law, the father's lawyer requested the review of the sentence handed down by the third section of the Badajoz Provincial Court in December 2021 -ratified in March 2022 by the TSJEx- and the Chamber, despite the opposition of the private prosecution, has partially admitted his request.

The defense proposed that the sentence be reduced to 13 years in prison, but the court understood that the one that corresponds to him with the new law should be applied proportionally according to the calculations of the final sentence, taking into account the same circumstances - aggravating circumstances of superiority and relationship of kinship and especially vulnerable victim, and the simple mitigation of reparation for the damage - and without carrying out any new prosecution.

Therefore, it determines that the final sentence is 13 years, 2 months and 21 days.

The convicted man acknowledged during the trial that he had had sexual relations with his daughter, but never when he was a minor and that it had been because she provoked him.

The sentence underlines the lack of credibility of his father's testimony, quite the opposite of that of his daughter, it was "solid and homogeneous, persistent over time and credible."

According to the criteria of The Trust Project

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• badajoz

• Law of Sexual Freedom

• Toledo

• Estremadura

• Civil Guard

• Ministry of Defence

• Justice