He offered her his house to stay after the 13-year-old girl argued with her parents, and he ended up raping her. This is considered proven by the Court of Seville, which has sentenced the man to four years in prison for a crime of sexual assault with the mitigating circumstance of alcoholism.
The events occurred on May 17, 2020, when the young woman was sleeping on the sofa in the house of the aggressor, a relative of an acquaintance of hers, and informed him of his intention to have sexual relations with her. Despite her refusal, the individual did not stop.
After the attack, he accompanied her to the town's train station from where she headed back home. She told her mother what had happened to her and they went to the Valme Hospital where she performed the relevant tests.
In a ruling issued on January 31, the Fourth Section of the Court of Seville declares it proven that the accused, José I.R., with a criminal record that cannot be counted for the purposes of recidivism, having knowledge from a relative of his that the minor, "Due to different family problems, she had left her parents' home and had nowhere to stay. She offered the minor to stay in her house located next to the train station," a town in the province, "to which she agreed."
In this framework, the account of proven facts states that in the early morning of May 17, 2020, "when the minor was sleeping on the sofa in the house, José I.R. left the room where he was sleeping and stood next to the minor. on the couch, expressing his intention to have sexual relations with her, for which he hugged her waist, touched her breasts and wanted to have sexual relations, to which she refused.
But according to the sentence, "despite such express refusal, José I. continued in his attitude until he managed to remove her clothes, placing himself on top of her and penetrating her vaginally," and it was also declared as proven that the accused "was a habitual alcohol consumer and was subjected to addiction treatment in an addiction center, having abandoned it".
The judicial resolution details that according to the testimony of the minor, "early the next morning," she "caught the first train that left the town, being even accompanied by the accused to the stop in a town before Seville." , where the minor continued alone to the Santa Justa station, where she finally contacted another friend who took her to the town where she lived with her parents", who had reported her disappearance and with whom she finally met.
That same morning, according to the sentence, the minor "went to the medical center accompanied by her mother, specifically to the Valme hospital," where the mother informed the doctor who treated them that "an adult relative of someone known to her daughter had sexually abused her", subsequently reporting the matter to the National Police.
In this sense, the court explains that for this case "the victim's statement is fundamental and relevant, which is well known that it can be a sufficient and relevant element of evidence as evidence for the prosecution, although it must comply with some basic rules to be able to rationally verify that this testimony is truthful, from the perspective of its subjective and objective credibility and with persistence in the incrimination".
But in addition, the sentence details that "the presence of semen in the vaginal sample and in the vaginal washing performed on the minor, a scarce but sufficient presence" was proven, since the forensic report did not show "genital or anal signs of their own." of physical violence".
Furthermore, according to the sentence, there is "a photographic recognition of several photographs, among which the one corresponding to José I.R. stands out as the person who sexually assaulted her, to which we must add that from the beginning she had indicated that the man who attacked her was an adult relative of her friend and that this man's name was José, coincident data that in turn must be related to the proven fact that the minor had semen from an unknown male in her vagina."
"Therefore, based on the victim's statement of these events, it has been proven that the sexual relations between José I.R. and the minor occurred that night, that they were complete sexual relations with vaginal penetration, although it has not been sufficiently proven that physical violence was used for this, as results from the forensic medical report; although the victim explained in the trial that at all times she expressed her will against maintaining said sexual relations and that she did not scream or resist in a more extreme way, because in the circumstances in which she found herself, in the early morning hours, in a home where she was alone with her attacker and without the possibility of traveling to her parents' home, she was paralyzed by the situation, which obviously facilitated the achievement of the objective proposed by the accused and constitutes relevant environmental violence," the ruling argues.
As summarized in the opinion, the accused "maintained a complete sexual relationship with non-consensual vaginal penetration with the minor in the former's home, having offered her lodging there due to the personal circumstances of the minor, which he had previously discussed with his family and escaped from the family home, a circumstance for which he did not want to return to said home and for which he spent several days spending the night in different houses provided by friends and people he knew there".
"The evidence for the prosecution is sufficient to undermine the presumption of innocence of the accused and to consider proven his responsibility in these events," concludes the court, which sentences the accused to four years in prison for the crime of sexual assault with the mitigating circumstance of alcoholism. , ten years of prohibition from approaching or communicating with the minor, five years of post-prison supervised release, ten years of disqualification from employment or activity that involves regular contact with minors and the obligation to compensate the victim with 2,000 euros.
