Palencia: TSJ upholds juvenile conviction for attempted sexual assault of disabled woman

The court imposed two years in prison and a ban on approaching the woman for five years and 5,000 euros in compensation

The North

NORTH Palencia

The Supreme Court of Castile and Leon fully ratified the sentence of the Provincial Court of Palencia, which sentenced a 91-year-old man, MHR, to two years in prison for a continuing crime of sexual violence with access to attempted sexual assault against a woman with an intellectual disability living in social and health center in the capital, as well as a ban on approaching less than 50 meters and communicating in any way with the victim, her home or workplace for a period of five years, as she compensates her with 5,000 euros for the suffered moral damages. The Supreme Court rejects the recourse of the convicted person who has been awarded the costs of the appeal, including those of the private prosecution. However, the convicted may appeal the sentence to the Supreme Court.

The verdict considers it proved that M. H. R., aged 91 and the father of a paraplegic resident of this social health center, during certain months of 2019 and taking advantage of the personal circumstances of the 55-year-old woman, whom he knew as a resident of the center and as he often approached her to ask for a euro or a cigarette, aware of his intellectual limitations, he had sexual relations with her consisting of general touching of various parts of the body, including the breasts and genital area , all in order to satisfy his sexual desire.

A minor convicted of attempted sexual assault on a disabled woman in Palencia

Furthermore, after removing his pants and exposing her genitalia, he attempted to penetrate her both vaginally and orally, not knowing that he could do so as he was physiologically unable to do so due to his lack of ability for erection. He also has heart failure, which prevents him from doing the vigorous exercise he intended. These events took place in the service near the chapel in the center, a secluded place with little traffic. To further his purpose and urge the woman’s will, he offered her small sums of money or a cigarette, although he only gave her the coin once.

Father of a resident of the social and health center, who committed the events in a remote area, near the chapel

The woman, who has an intellectual disability with a degree of disability of 78%, was diagnosed with mild mental retardation with other behavioral disorders, which is equivalent to a total inability to manage her person and property, as described in the court decision of December 18, 2003, issued in the incapacity proceedings before the Court of First Instance number 4 of Ávila.

The Public Ministry requested for MHR a sentence of nine years and six months in prison as the alleged perpetrator of the crime of sexual violence with carnal access and a ban on approaching the victim for a period of five years, as well as compensation for her of 10,000 euros for moral damages.

“Within the limits of the punishment requested by the charges, the imposition of the statutory offense of sexual violence with attempted carnal assault is appropriate, although, considering the duration of the crime, the punishment should be imposed at the top of it. half, resulted in an initial sentence of seven to ten years in prison. Since it is an attempt to commit a crime, the said punishment is reduced by two degrees, considering the dangerousness of the attempt and the degree of execution achieved, taking into account the low ultimate dangerousness of the attempt in view of the physical impossibility of the accused to reach the completion of the crime, being able to confirm the inappropriateness of the experience. This implies the imposition of a sentence of imprisonment of two years, especially considering the characteristics of the criminal conduct and the damage to dignity it caused to the victim,” the Court said in its judgment, already ratified in full by the Supreme Court of Justice of Castile and Leon.

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