The Valladolid Court has confirmed the acquittal of a woman, MG, who had been accused of habitually mistreating her 8-year-old son whom, according to the accusations, she hit, insulted and had even allegedly twisted the nipples.
The ruling of the Second Criminal Section of the Provincial Court, collected by Ep, rejects the appeal presented by the defendant’s ex-husband – it was based on an alleged error in the appreciation of the evidence – and follows the tone of the ruling issued on October 14 of this year by Criminal Court number 1 of the capital, where the trial was held against the alleged abuser, who He lived with his son and his then partner in a home in Rioseco until February 22, 2023.
«Taking into account the expert reports and the lack of specificity of facts in them, with the exception of the one dated February 22, 2023 that the social worker refers to, it must be concluded that habitual physical or psychological abuse is not proven due to the lack of specificity of the story, as has been said, and due to the lack of corroborating elements.
Of course, from all of the above, it can only be concluded that there are reasonable doubts about the facts, which, by virtue of the ‘in dubio pro reo’ principle, must lead to the acquittal of the accused,” justifies the Provincial Court.
The resolution of the second instance court contrasts, however, with the request that had been formulated by the public and private accusations. And it is that The Prosecutor’s Office had requested a total of three years and nine months in prison for a crime of habitual abuse in the family environment and two other crimes of abuse, and all this together with the prohibition of approaching or communicating with his son for a global period of seven years, in addition to the payment of compensation in favor of the victim. for the amount of one thousand euros.
The minor’s father accused three crimes and had raised the request for imprisonment to five years, in addition to the loss of his protested homeland for nine years and the payment of compensation in the amount of 5,000 euros.
Deterioration of the marital relationship
The facts are framed in a context marked by the deterioration of the marital relationship of the accused and her husband, to the point that he, following a complaint for alleged assault filed by her at the end of 2021, which was finally dismissed, had chosen to leave home to live in his paternal grandmother’s apartment, located in the same building as his home. of the couple, and request a divorce.
Is in that process in which cases of abuse would have been registered about their son on January 8 and 11 and February 22, 2023, in which the minor was in the care of the now acquitted woman and her son told him that he wanted to go with his father or told him that he could not concentrate to do her homework because she was talking very loudly on the phone with a friend.
“I hit you because I feel like it and in places where there is no mark,” It is one of the threats that the minor put in his mother’s mouth during the interview held both with social services on February 21, 2023, and with health services in the following days.
The accusations claimed that the mother, sometimes under the influence of alcoholic beveragesregularly practiced physical violence with the minor as a method of education, going so far as to twist his nipples, while at the same time threatening and insulting him with expressions such as “unfortunate” and other words that, according to what the child told the Psychosocial Team, were They consider swear words.
As a result of the complaint of mistreatment of the minor, the investigating judge of Medina de Rioseco issued an order on February 24, 2023 in which she agreed provisionally suspend her guard and custody duties over her son, the father assuming exclusively the exercise of the same, with shared parental authority.
From that moment on, the child stayed permanently with his father’s family, while the mother, who has been forced to leave Rioseco and move to Valladolid – she is prohibited from approaching him -, He only sees him at the center of the Association for the Protection of Minors (Aprome), initially one hour every Sunday.
After the divorce hearing, the visitation period was extended to two hours, but the actual time in which mother and son see each other does not exceed one hour because the minor rejects his mother.
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