The Regional Supreme Court (TSJA) has rejected an appeal and confirmed a court finding that found a monitor in Motril guilty of sexual abuse.
The condemned man worked in a day center in Motril where, according to the court sentence, he abused a young man with cerebral palsy and a severe, mental handicap.
He will not be able to approach nor have any kind of communication with the victim for 15 years and will have to pay 6,000 euros in compensation.
Furthermore, he will be banned from being employed as a monitor for a duration of five years once the prison sentence is completed.
The sentence reads that between late September and the beginning of December, 2015, the condemned man took advantage of the fact of having to accompany the victim to the toilet, to sexually abuse him.
As a result of these encounters the victim suffered from anxiety, loss of appetite and sleep loss. He also showed fear when it came to visits to the Aprosmo Center or even the town of Motril, itself.
The condemned man made the appeal on the grounds of a “lack of credibility” on the part of the victim. However, experts confirmed that a person suffering from cerebral paralysis and severe mental limitations “does not have the capacity to make things up in such a situation.
The condemned man, or better said accused, can take his case to the supreme court of the land, thus have the sentenced over seven years’ imprisonment and six years parole, overturned.
Editorial comment: what is incomprehensible is that if a person is found guilty of such a crime, they are only barred for five years from working as a monitor, instead of for life.
(News: Motril, Costa Tropical, Granada, Andalucia)
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