The TSJA partially upholds the appeal promoted by the defendant’s defense and reduces the compensation for moral damage caused to the victim from 50,000 euros to 25,000 euros in the case of sexual abuse.
The validation division of the TSJA’s Civil and Criminal Chamber has upheld the ruling from the Almería Court. Which imposed a four-year prison sentence on soccer player Santi Mina for committing a sexual abuse offense. However, it does partially uphold the appeal promoted by the defendant’s defense and lowers the compensation from 50,000 euros to 25,000 euros for the moral damage caused to the victim.
The sentence, against which an appeal can be made before the Supreme Court. Accepts the proven facts of the resolution of the High Court of Almería. Which recounted the sexual abuse that occurred in June 2017 in a van that was parked in the vicinity of a nightclub in Mójacar (Almeria). According to the TSJA’s report, Mina and a co-defendant. Accompanied by two additional companions, were enjoying their evening and journeying at a different location.
The ruling, which confirms DG’s acquittal, stresses that “there is no express mention that the victim consented to any of the abusive acts described” despite the fact that the appellant insists that “there was a consensual sexual interaction” that was denied at all times by the victim.
In a similar vein, while disavowing the notion of “superiority” presented in the narrative. When describing the utilization of the van’s interior during the abuses. He emphasizes that “the victim’s consent was unequivocally absent”. Absence of evidence for consent can be observed both in the factual representation. The legal rationale of the Court’s verdict.
The appeal made by the convicted individual, citing the violation of his right to fair judicial protection. Due to the alleged partiality in the Almería Court’s assessment of the victim’s statements, has been dismissed by the Court. In addition, although it defends that there were contradictions in the different statements of the victim, the Chamber explains that the victim’s account lacks “relevant contradictions in essential aspects.”
It further negates any possibility of the victim being influenced by a false intent in the appeal section. Aiming solely to acquire substantial compensation. From this perspective, it suggests that the accuser’s testimony holds credibility for us. We also admire her determination in holding the accused accountable. Although her second statement introduced novel facts, we have determined that this particular aspect lacks relevance.”
The Chamber rejects the appeal of the private prosecution, to which the Public Prosecutor joined. Regarding an increase in the sentence, understanding that the four years in prison imposed are proportional to the “fleeting” of the typical conduct and to the “will repairing” evidenced by the defendant, especially after having ruled out an abuse of superiority or the participation of his partner.
Hence, it is evident that the aggrieved party expressly refrained from seeking any form of reparation. When her rights were presented in the court proceedings, precisely when the plaintiff brought to light. The additional aspect of the acknowledged sexual misconduct as established in the proven incidents.
Regarding compensation for moral damages, the victim asked that it be increased from the 50,000 that the Court sentence included to almost 117,000 to compensate for the damage and its impact on his daily life, while the convicted person asked that it be reduced to 2,000 euros . Finally, the TSJA reduces the compensation to 25,000 euros.
In this sense, it explains that it must maintain the criterion of proportionality. That the court maintains with assumptions of the same characteristics.
n addition to taking into account objective factors, such as the transience of the prosecuted conduct, the manifest desire of the victim in his first judicial statement of not receiving compensation and the extent of the consequences reflected in the expert report of the forensic psychologist.
The Almería Court, having carefully examined the evidence presented during the oral hearing, found the sexual abuse in Mojácar during June 2017 to be conclusively established. As the victim delivered a powerful testimony rich in intricate particulars and coincident in substance. Essential with what he had previously stated at headquarters police and in the headquarters of instruction.
The resolution also remarked that the prosecution’s testimony was “corroborated by different and definitive evidence.” Including the forensic medical report that detailed extra-genital. Genital lesions consisting of ecchymosis and the psychological expert revealed that he presents anxious symptoms and severe depressive disorder related to the events. “His daily life having been greatly affected, suffering from chronic post-traumatic stress disorder directly related to the events”.
Similarly, she hinted at “the accounts of the observers who emphasized how evident it was that she arrived in a state of profound fear, tears, loud cries, and heightened anxiety,” providing specific details that this event could be witnessed “both by both witnesses and by the doctor who assisted her at the health center immediately after the attack”.
The court chaired by Judge Társila Martínez stressed that, given the “coherence” of the victim’s story. Santi Mina in his first statement “categorically denied having even touched her.”
“Upon discovering his DNA within the vaginal cavity. He becomes compelled to alter his account of events and admit the occurrence of vaginal penetration.” The ruling moved to substantiate that The credibility of the footballer’s account remains questionable. As it tends to fluctuate with the progression of the investigative proceedings.”