He Superior Court of Justice of Andalusia (Tsja) has reduced from 14 years in prison at 9 condemnation of pederast which abused three times of a minor in Álora (Málaga). He TSJA appreciates a Continued crime of sexual aggression and revokes the previous sentence of the Hearing, which condemned him for three independent crimes. In addition, it retroactively applies the Law of It is only yesthat saves a year in jail.
The events took place in 2020 in the El Puente de Álara neighborhood. The Malaga Court Judgment declared proven that The 14 -year -old victim So, he went to buy a kiosk near the house of the process, Diego Jesús G. Gwhich was a distant cousin of the child. One day in February, the girl crossed him and this one «touched his chest And he continued from long, passing his hand from one chest to another ».
In April of that same year, again in the same place, the defendant «He touched his chest and touched his ass above the clothes ». The child said nothing to his family because he was “very shocked” and had to “assimilate it” – he received the ruling – since there was a “close relationship” between the two families.
At the end of 2020, after buying in the usual kiosk, the child (now 15 years old) ran into the defendant in a alley. The man was in front of her, with her wife and son, so the girl decided to walk slowly so as not to approach, but the defendant also slowed her march, letting her wife and son get away, until she stopped dry, turned to the child, who was stuck to a wall, threw her body on top of her, put her hand under her clothes and He introduced a finger in his vagina“Hurting him.” She “began to tremble for fear and couldn’t say anything.” He didn’t say anything either and “past a moment, he took his finger and left.”
The failure indicates that Three episodes They occurred between 4:30 p.m. and 6:00 p.m., “without in any case out of night.” As a consequence of these facts, the victim suffered psychological sequelae They specified treatment in the Mental Health Unit (acute post -traumatic stress disorder, problems in their diet, significant weight loss and pharmacological treatment with anxiolytic and antidepressants).
The Malaga audience condemned Diego Jesús GG to Two years in prison For each of the Two crimes of sexual abuse under 16 years old already 10 years in jail For a crime of sexual aggression under 16 with the introduction of bodily member vaginal. He also forbade him to approach the victim for 12 years and imposed compensation of 10,000 euros.
The Court Judgment was appealed in appeal to the TSJA, which concludes that the set of acts perpetrated by the accused They are not independent crimes of each other, but are part of a Sequence in criminal continuitybeing homogeneous behaviors that respond to a preconceived plan or that are committed taking advantage of the same occasion.
In addition, the TSJA retroactively applies the law of It is only yes promoted by the Irene Montero Ministry of Equality, being more favorable for the accused. In the ruling, consulted by Okdiario Andalucía, the TSJA remembers that, with the previous legislationthe crime of sexual abuse of under 16 years of no violence or intimidation aggravated by the introduction of members oscillated Between 8 and 12 years in prison. Being a continuous crime, the criminal arch is imposed in its upper half, that is, 10 to 12 years. Now, applying the Montero Lawthe crime under study is sanctioned with a prison sentence 6 to 12 yearsand when the penalty imposed in its upper half the result oscillates Between 9 and 12 yearsone less.
«Taking into account the circumstances of the fact, the limited reach of the first two aggressive acts and the Brekeal duration of each of the illegally obtained intimate contacts and also observing that the court of origin imposed the penalties in their lower limits Starting from the typification applied by the judgment appealed, it is estimated to impose the penalty of 9 years and 1 day in prison», Says the TSJA.
Thus, the Andalusian High Court partially estimates the appeal against the sentence issued by the Second Section of the Provincial Court of Malaga on April 4, 2024 and partly revoke said resolution, condemning Diego Jesús GG to the aforementioned prison penalty as the author of a Continued crime of sexual aggression under 16 years aggravated by the introduction of a member. The TSJA maintains both the restraining order and compensation in the same terms. Against the judgment, a appeal can be filed before the Criminal Chamber of the Supreme Court.
