The Provincial Court of Salamanca has acquitted a man accused of exhibitionism and sexual abuse of the eleven-year-old daughter of his ex-partner, a complaint before which the magistrates conclude a "lack of conviction about the defendant's guilt" against the request of twelve years in prison that the Prosecutor's Office had requested.
The accused, with a history of crimes against public health and reckless driving without permission, had a romantic relationship with the mother of the alleged victim between July 2016 and December 2017 and the three lived together under the same roof in the Charro capital until the moment of the rupture, which "was very conflictive with numerous complaints between the parties and the family of the accused", according to the sentence provided this Thursday by the Superior Court of Justice of Castilla y León (TSJCyL).
It was a few months after the cohabitation ceased when the mother went to the Salamanca Police Station to report some events that her daughter said she would have told her at that time for fear that they could resume the relationship. Specifically, the minor had described several episodes in which her father's ex allegedly took advantage of her absence to lower his underpants, touch her penis and ask the minor if she wanted to touch him; ask her for a hug and touch her genitals; or even climb into her bed at night in the same spirit.
The ruling appreciates "continuous contradictions" in the minor and repeated "lacks of truth", as well as the absence of reactive symptoms to the acts of abuse that "prevent" her testimony from being considered as evidence for the prosecution, despite the fact that the team Psychosocial gave truth to his testimony. “In the present case, we reiterate that the testimonial does not meet the requirements demanded by the jurisprudence” sufficient “to undermine the principle of presumption of innocence.”
The Court alludes, thus, to the principle of 'in dubio pro reo' since the "weighted examination of the body of evidence displayed in the aforementioned proceedings determines the lack of conviction about the defendant's guilt, which requires the issuance of a absolute judgment".