He put her in a van against her will, toured different parts of the city and offered her three euros if she masturbated him. Her youngest, who was 10 years old at the time, refused, which caused her attacker, 44, to show her her genitals and try to get her to touch them. The girl managed to get away from him, hit him with an umbrella and fled from the vehicle.
Now, almost six years later, the Seville Court has sentenced the man for the events, which occurred in October 2018, to four years and one day in prison, plus the payment of a fine of 5,400 euros for another crime of breach of the precautionary measure that had been issued by the Court of Instruction number 18.
The Court of Seville considers it proven that the man committed a crime of illegal detention in conjunction with a crime of sexual assault on a ten-year-old girl whom he introduced "against her will, into a van of his property." proposing that she masturbate him, and then showing him his genitals and trying to get her to touch them.
In a ruling issued on February 23, the Fourth Section of the Court confirms that between 5:30 p.m. and 6:30 p.m. on October 20, 2018, the accused, identified as Jesús A.M. and then 44 years old, "he approached a ten-year-old minor from behind with libidinous spirit and, covering her mouth, put her against her will, into a van that she owned."
"Once inside, Jesús A.M. led the minor through different streets in the town of Seville, including the 3,000 homes; and told her that he would give her three euros if she gave him a handjob, but the minor refused"; to which he then "unbuttoned his pants, exposed his penis to the minor and, taking her hand, told her that he would touch her there, bringing it closer to his penis, and the minor managed to move her hand away without any contact with the penis," according to the narration of proven facts.
The narration of the sentence continues stating that "while the vehicle was stopped at a traffic light, the minor grabbed an umbrella that she was carrying and hit Jesús A.M. with it, thus managing to get out of the vehicle and flee."
Furthermore, the account of proven facts indicates that as a consequence of these events, the Court of Instruction number 18 of Seville issued a resolution on October 22, 2018 prohibiting the accused from approaching the home, school and places frequented by the minor, establishing a distance minimum separation of 500 meters between him and the victim.
But despite this, Jesús A.M., always according to the conviction, "between March 11 and 14, 2019, he went on several occasions to a painting establishment that was 190 meters from the minor's home and 300 meters from her school. , establishment to which he went despite knowing that it was less than 500 meters, at least, from the minor's home."
"The recognition of the accused made by the minor, even through a single photograph obtained from a social network, recognition ratified at police headquarters and then in the pre-constituted evidence, so that the minor was subjected to cross-examination of the parties, which They were able to ask her, through the psychologist, the questions that they considered cohabitant about such recognition even though they did not do so, corroborated by peripheral data, such as the fact that the accused is the owner and sole user of the van that the minor recognized; it constitutes evidence of the charge. enough to distort the presumption of innocence that assists the accused," summarizes the Fourth Section of the Hearing.
Given the case, the court condemns Jesús A.M. to four years and one day in prison, five years of post-penitentiary supervised release, six years of prohibition from approaching or communicating with the victim and five years of special disqualification for any profession, trade or activities that involve regular and direct contact with minors; as well as the payment of compensation of 5,400 euros to the girl, for a crime of illegal detention in medial competition with a crime of sexual assault of a minor under 16 years of age.
In addition, the court imposes a fine of 5,400 euros for another crime of violating the precautionary measure that had been issued by the Investigative Court number 18.
