Appellate part Chamber of Civil and Criminal Cases of the Supreme Court of Andalusia (TSJA) upheld the verdict Almeria Auditorium for which he condemned the football player centi mine To four years in prison for a crime molestation, although he partially supports the defendant’s defense appeal and Reduces compensation from €50,000 to €25,000. for moral harm caused to the victim.
The decision, which can be appealed to the Supreme Court, accept proven facts resolutions Court of Almeria which told sexual assault that occurred in June 2017 in a van which was parked outside a nightclub in Mojacar (Almería), where Mina and another defendant stayed and traveled with two more friends, According to TSJA.
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In the ruling confirming, on the other hand, D.G.’s acquittal, it is emphasized that “There is no explicit mention that the victim consented to any of the abusive acts described”, despite the fact that the applicant insists that “there was a consensual sexual interaction” which the victim denied all along.
In the same vein, while he rejects the concept of “superiority” introduced in his presentation of facts, in speaking of the use of the space inside the van in which the abuse took place, he points out that “there was no erroneous consent of the victim”, for there is no evidence of consent in either the statement of facts or the legal basis of the judgment of the Hearing.
The court rejects the grounds for the appeal of the convict, which states that violated their right to effective judicial protection because the judgment of the Audiencia de Almería was not impartial in assessing the statements of the victim. Moreover, although he claims that there were contradictions in the various statements of the victimThe Chamber explains that The victim’s account lacks “relevant contradictions in material respects.”
It also removes the appeal section, which the victim acted from far-fetched motives, which will consist of receive large compensation. In this sense, this indicates that The applicant’s testimony appears to be “reliable”. “We also appreciate that you persisted in your accusation, and although, in fact, you added new facts to the second statement, We ruled out that this point was relevant.”indicates that.
The Chamber dismisses the complaint of the private prosecution against which Ministry of Financeas for increase in fine understanding that the four years of the imposed prison sentence are proportionate to the “briefness” of the typical behavior and the “reparative will” shown by the defendants.especially after he ruled out the abuse of dominance or the involvement of his partner.
So remember that the victim did not want to claim any compensation when he was instructed about his rights in courtsince it was at that moment that the applicant mentioned second part of sexual abuse recognized as proven facts.
According to compensation for non-pecuniary damage, the victim asked what increase from 50,000 euros, which included the verdict of the hearing up to almost 117,000 to make up for the damage and its impact on their daily lives, while The convict asked to reduce it to 2000 euros. Finally, TSJA reduces compensation to 25,000.
In this sense, he explains that he must support proportionality criterion, which is observed in the room with assumptions about the same characteristics, in addition to accounting for objective factors such as the transience of the persecuted behavior, the victim’s clear desire in his first court application not to receive compensation and the extent of the consequences are reflected in the expert opinion of the forensic psychologist.
Court of Almeria believed that thatSexual abuse was proven in June 2017. in Mojácar after the victim presented at the oral hearing loud evidence, replete with details, consistent in substance and essential with what he had previously stated at the police headquarters and at the briefing headquarters.
The ruling also noted that the prosecution’s testimony was “supported by various and irrefutable evidence”among them forensic medical opinion it’s detailed extragenital and genital lesions consisting of ecchymosis, and an expert psychologist has shown that it is severe depressive and anxiety symptoms connected with the facts, “leading to his daily life was severely affected, he suffered from post-traumatic stress disorder. chronic directly related to the facts.
Likewise, he referred to the “testimony of witnesses, which clearly showed that she arrived visibly frightened, crying, screaming and in a state of great anxiety” and specified that the witnesses of this event could be “both witnesses and the doctor who assisted her in the first-aid post immediately after the attack.”
Court presided over by a justice of the peace Tarsila Martinez stressed that, given the “consistency” of the victim’s version, Santi Mina, in your first statement “He flatly denied even touching her.”
“Just finding His DNA is in his vaginal cavity, he is forced to change his version of events. and admit what was vaginal penetration”postponed the decision in support of the fact that The footballer’s version is “little credible”because “it changes depending on the further course of the investigation.”
(According to information from Europe Press)
Source: Aristegui Noticias
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