Benidorm Latest News - Teenager Acquitted After Girl Lied About Age in Benidorm Sexual Assault Case
A Spanish court has acquitted a teenager of sexual assault charges after ruling the 11-year-old girl lied about her age.
The Juvenile Court in Alicante acquitted the young man, now aged 19, of four counts of sexual assault. The charges alleged that he had sexual relations with the girl over a two-year period, starting when he was 15, which resulted in her pregnancy and the birth of a baby girl when she was just 12 years old.
The prosecution had sought a sentence of four years in closed juvenile confinement.
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Court Findings
The court found that:
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The girl told the defendant she was 15 years old, the same age he was at the time.
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Her physical development, appearance, and behaviour were consistent with her claimed age.
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It remains unclear whether the defendant ever learned her true age during their relationship.
- The court found the minor's repeated statements, which state that she did not want to report any sexual abuse or assault , "illustrative ." "She only wanted to report her mother for other incidents".
Spanish law excludes criminal liability in underage sexual relations, if both parties are close in age and have comparable physical and psychological maturity.
Background to the Case
The case came to light after the girl reported her mother to police, stating she had been thrown out of the house and that her mother was keeping her baby.
It was revealed that the girl’s mother was wanted internationally for taking her out of the UK without the father’s permission. She has since been arrested and extradited to the United Kingdom.
The girl is now under the guardianship of the Valencian Regional Government.
Legal Ruling
The court ruled that the minor’s lie about her age, combined with her physical maturity, meant the accused could not have known her true age. Healthcare workers who assisted her birth also believed she was 16, and the ruling noted her early physical development, stating she had menstruated from age eight.
In 2015 Spain raised the age of consent from 13 to 16. However, sexual activity with a minor could still be charged as sexual abuse rather than sexual aggression, unless there was “violence or intimidation”.
Source attribution : Informacion.es. Read the original article here.
Disclaimer: This article is a translated and adapted summary of reports originally published in the Spanish national press. While every effort has been made to ensure accuracy, it is provided for informational purposes only and does not constitute legal advice.
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