JAN, 7 (EUROPA PRESS)
The Third Section of Jan’s Hearing has acquitted a 28-year-old man who was accused of sexually assaulting an eleven-year-old girl whose mother had rented a room. The Court considers that “his guilt has not been proven beyond all reasonable doubt.”
This is reflected in the sentence that Europa Press has agreed to through the Andalusian Superior Court of Justice (TSJA) and where it is stated that the evidence carried out generates “doubts of relevant significance in the mind of the court”, so that finally it has opted for “the application of the in dubio pro reo principle, since to convict a person as the author of a criminal offense, suspicion, conjecture, or even mere probability is not useful, but only certainty is useful”.
For these facts, the Public Prosecutor had claimed a sentence of eleven years in prison as the alleged perpetrator of a crime of sexual assault. The Junta de Andalucía also adhered to this request since the minor is under the guardianship of the autonomous Administration after having been declared helpless.
The facts date back to February 2021 when the minor reported having been sexually assaulted by the defendant, who was then 25 years old. According to the minor, everything happened when she met the defendant at the house, who “was drunk”, and he took her to the room where she carried out the attack.
The minor, after consulting with a friend, told her aunt and she immediately called the mother of the minor who finally filed the corresponding complaint with the National Police on February 15, 2021.
The defendant rejected before the court each and every one of the extremes. He indicated that it was the minor who wanted to kiss him, but that “nothing happened at all” since she rejected her. He declared that the minor was “a very liar” and that even the girl’s mother did not believe her at first.
This point was confirmed by the mother who told the court that although she did not initially believe her daughter, later I know that she believed her and in fact she has appeared as a private prosecution in the case. She said that the defendant always treated them “politely” and that the treatment was “good”, hence when everything happened she was “in shock” because it was “very difficult” to believe that it had happened, although over time she became convinced that her daughter was “telling the truth”.
The ruling of the Court acquits the defendant with all favorable pronouncements and also renders ineffective the precautionary measures of prohibition of approach and communication imposed since 2021.
#Courts #Court #acquits #man #accused #sexually #assaulting #elevenyearold #girl
