He got his 14-year-old daughter-in-law pregnant, but he was acquitted because the girl confessed to raping him | the Chronicle

The public of the Spanish city of Navarre acquitted a man accused of sexually abusing his 14-year-old stepdaughter, after the minor He exonerates during his legal testimony, stating that it was she who got on top of him while he was sleeping and drunk, and had sex without his knowledge.

The court notes that the girl was “Unable to take free action from what happened and during the declaration, he adopted a somewhat constricted and closed body posture and kept his head and gaze down.” So, during his statement, he barely responded audibly and very briefly, with monosyllables, without giving details and adhering to the answers provided by the judge and the expert in forensic psychology.

Both the prosecutor and the private prosecutor They requested six years in prison for the accused for the crime of sexual abuse of a minor under 16 with alleviation of drunkenness, while the defense asked for an acquittal.

The events took place in 2018 and the case was discovered when the girl gave birth to a baby. The mother and stepfather both allege that they did not know of the pregnancy until then and the latter, at the time of his arrest two weeks later, gave his consent to the taking of the samples. ‘DNA. The genetic report determined that the probability that outside the baby’s biological father was 99.999999987%.

The judges consider that it is not proven that the defendant, “that the minor treated like a father and taking advantage of this situation”, he would have had full sex with his stepdaughter. In addition, they cannot claim without doubt that the events unfolded in accordance with what was argued by both the prosecution and the private prosecution exercised by the mother.

For her part, it is specified that the mother of the young girl has lodged a complaint against her husband forced by the officials of the sub-directorate of the family and minors of the Agency of Navarre for the autonomy and the development of the people. , as measure of protection of the minor and as a condition of implementation of the specialized family intervention program.

Thus, the magistrates conclude that “assess the full content of the statements expressed, it is not possible to obtain the elements” conviction “which make it possible to consider the reality of reprehensible behavior that is criminally relevant” of the accused.

It should be noted that the Spanish Penal Code It criminalizes the practice of sexual relations with minors under the age of 16, whether or not they give their consent. It only admits the exception of whether the elderly person is close to the minor because of his age and his degree of development or maturity, which is not the case.

The decision sparked controversy and public outrage. The magistrate and government delegate against gender violence, Victoria rosell, he said: “A 14 year old girl gives birth to a son of her stepfather. What more do you have to endure ?! (…) It is the most scandalous and disgusting victimization that I have ever seen of my life.”

Well-known feminist Barbijaputa ironically pointed out that “The testimony of women is sometimes taken literally. What are the things “, in reference to the multitude of times victim statements are called into question and the emphasis placed by the country’s right-wing ideological environment on false complaints, which, according to the prosecution, represents 0.0069% of those presented.

Other prominent figures, such as writers and lawyers, also spoke out, pointing out that credibility was given to the most surreal possibility of all and called the decision incomprehensible.