The TSXG acquits a Ribadian man who spent almost 2 years in prison and who had been convicted of abusing a 14-year-old boy whom he met on a dating application

2023-09-26 17:04:00

The accused, on the day of the trial at the Provincial Court of Lugo The voice

The High Court points out that it was the minor who posed as an adult by subscribing to a contact page that only admits adults, so it cannot be proven that the accused knew his age.

26 sep 2023 . Updated at 8:47 p.m.

The Civil and Criminal Chamber of the Superior Court of Xustiza de Galicia (TSXG) announced this Tuesday the acquittal of a man, a resident of Ribadeo, who had been sentenced by the Provincial Court of Lugo to seven years in prison for sexually assault a 14 year old boy whom I met through a dating app. According to the court, it cannot be proven that he was aware of the minor’s age. This man from Ribades spent almost two years in prison, exactly 1 year and 7 months.

The Galician high court considers it proven that, in February 2022, the defendant, who was 41 years old, made an appointment to maintain a sexual encounter with the victim, 14 years old, after exchanging messages of a sexual nature.

The Civil and Criminal Chamber assures that he had sexual relations with the minor inside a vehicle, although the accused denied it at trial. Of course, all this in the belief that he was not a minor, in the terms of the accusation. He therefore disagrees with the provincial trial court, stating that It cannot be considered proven that the accused had knowledge that the person you contact was under 16 years of age.

This conclusion is reached after careful deliberation on the alleged defendant, taking into account that It is the minor who pretends to be of legal age by subscribing to a contact page that only admits adults, explains the TSXG, while emphasizing that this circumstance, initially, causes the presumption in the accused that the person he is meeting is not a minor.

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The defendant’s testimony

In the session, the accused denied the facts and stated that they had not consummated sexual relations and that He didn’t know the boy’s age. I admitted having known the complainant, who I was 13 thenthrough Grindr, a dating application specialized in homosexual relationships between men.

We met through the application and started talking. We had a conversation of a sexual nature and arranged a meeting. I sent her a photo of my member and her butt. We didn’t know each other’s faces. The application only lets you register if you say you are of legal age, so I had no reason to suspect that she was a minor, the defendant said.

In his writing,The Prosecutor’s Office asked for 10 years in prison for him for an alleged crime of sexual assault of a minor under 16 years of age, in addition to a fine of 10,000 euros. The accusation raised it to 30,000. Finally, the Provincial Court sentenced him to seven years in prison and to pay compensation of 10,000 euros for the crime of which he was accused. Now, the TSXG has overturned that ruling.

Nothing could lead him to suspect that he was under 16 years of age.

The magistrates explain that, in the present case, nothing could lead the accused to suspect, in view of the WhatsApp conversations held, the absence of prior knowledge of any kind, the practical absence of dialogue inside the vehicle and the very brief period of time that the meeting lasted (about 11 minutes) that he was under 16 years of age.

In addition, the young man was wearing a mask, which he did not completely remove at any time, as he acknowledges, just as he acknowledges not having told him his age, and it is equally significant that he did not want to report it nor did he feel deceived, according to his own statements. underlines the TSXG, while indicating that, in addition, the height and corpulence of the minor was greater than that of the accused, being difficult to distinguish the age in that rangetaking into account the differences in physical appearance between individuals.

The TSXG explains that it is an intentional crime, which does not admit reckless commission, which leads to the issuance of an acquittal.

The court, therefore, has appreciated that the ruling of the Lugo Provincial Court violates the presumption of innocence of the appellant. The ruling is not finalsince you can appeal to the Supreme Court.

Filed in: TSXG Lugo city Provincial Court of Lugo Sexual abuse Events