He took advantage of the fact that the girl was a friend of his son to take her to his house and abuse her. He ended up admitting him to assume a compliant sentence that sentenced him to two years in prison, which he would not have to enter due to his lack of criminal record and as long as he complied with the order not to come within 400 meters of his victim for seven years. Three months after that sentence he appeared at the door of the girl’s school. And he has taken advantage of a judicial error by the Provincial Court of Cádiz, not correctly notifying him of the restraining order, so as not to have to go to prison.
According to the lawyer for the girl’s family, the Cádiz lawyer Juan Manuel Espinosa, it was on June 26 when that sentence was read in accordance with the Third Section of the Provincial Court of Cádiz. It may attract attention to reach an agreement with the person who has abused your daughter, but the lawyer justifies it. “The family did not want to face her with the trauma of a trial or try to discredit her testimony. With this sentence, the aggressor recognized the facts, and it was avoided prolonging that situation with a trial and the resources that could come,” explains Espinosa. “The sentence guaranteed that the girl would not have to see this man for seven years and would not have to address this matter anymore.”
But a double miscarriage of justice has ruined that objective. In September, when classes resumed, and even though his son and the girl were not in the same school, the man was seen at the door of his victim’s school. The little girl’s mother reported him. The man was arrested and taken to the cells, where he spent the night for violating the sentence that was imposed on him.
“What happened is extremely serious”
In the quick trial held afterwards, the accusation brought by the family and the Prosecutor’s Office requested his immediate entry into prison, but the man alleged that he had not received the court order stating that restraining order. The court made the appropriate checks and the Provincial Court confirmed the condemned man’s story: the restraining order had not been notified to him.
The usual thing in a conformity ruling is to read all the measures out loud and make them firm at that moment, as if they had been notified. But that did not happen in this trial. In the video of the reading of the sentence it was possible to verify that the correct notification of the agreed measures, such as that restraining order, was not made. The error has persisted in the following months. It was neither read to him at the time, nor was he notified in writing. So the investigating court left him on the street.
“What has happened is extremely serious, that four months after a restraining order was issued, which has been violated, this man can walk around without any problem, even though we are talking about abuse of a girl,” he said. the lawyer complained.
The man has also returned, at least once more, to break the restraining order. And the most serious thing is that, according to the girl’s family lawyer, everything remains the same. There is no evidence that the convicted person has already received the court order that prevents him from approaching the victim. If he approached the girl again, he would not have to go to prison either.
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