Demonstration of support for the victim of ‘La Manada’, on June 22, 2018, in Madrid. (Photo: JAVIER SORIANO via .)
The Superior Court of Justice of Navarra (TSJN) has annulled the acquittal decreed last March by the Second Section of the Provincial Court of an accused of having sexually abused his 14-year-old stepdaughter in Pamplona and has ordered a re-enactment new resolution.
The Second Chamber is the same that judged the La Manada case. Then, he also refused to convict the five members of La Manada for rape, he understood that there had only been one case of sexual abuse, a decision that was corrected by the Supreme Court.
In the sentence now annulled, the Second Section exonerated the stepfather and considered that it was the minor who, while the defendant was asleep and drunk on the sofa, got on top of him and maintained the sexual relationship without him noticing.
The minor became pregnant and gave birth, and the DNA test determined that the defendant was the father of the baby.
The Civil and Criminal Chamber of the TSJN, which considers that the acquittal of the defendant lacks justification, reproaches the sentencing court that the facts declared proven are not clear or are based on an analysis and an assessment of the evidence.
In the trial, held on March 5, the prosecutor and the private prosecution requested six years in prison for the accused of a crime of sexual abuse of a minor under 16 years of age with the concurrence of the extenuating drunkenness. The defense, for its part, demanded acquittal.
Based on the evidence, the Second Section considered that it was not proven that, in March 2018, the defendant, “whom the minor treated as a father, and taking advantage of this situation”, had had full sexual relations with his stepdaughter .
Both his mother and his …
This article originally appeared on The HuffPost and has been updated.