He was convicted of sexually assaulting his father's caregiver and the court has now increased his prison sentence from 2 to 5 years

The High Court of Justice of Andalusia (TSJA) has increased from two to five years in prison the sentence imposed by the Court of Seville on a resident of Pilas, in Seville, for sexually assaulting a woman who was caring for his father. This is clear from information published by the Diario de Sevilla .

The events occurred during the early hours of June 29, 2020. The convicted man, aged 56, lived with his father and his carer. According to the previous sentence, he “wanted to have sexual relations” with the carer and, despite her refusal, “he pounced” on the woman and “ripped her shirt”. He then forcibly undressed her and, “despite her efforts to get him off her, he began to touch and suck her breasts and genital area”.

When the assault was over, the accused went to get a glass of water and the carer took the opportunity to send a message to a friend with a policeman's emoji. It was this friend who notified the authorities. The local police arrived shortly afterwards at the home where everything happened and took the victim to a medical centre.

Statements The victim frequently slept on the floor for fear of the son of the man she was caring for.

In the previous sentence, the sexual aggressor benefited from the “highly qualified” mitigating measure of reparation for damages and compensated the victim with 3,000 euros for the physical and moral damage caused. However, this amount is only a little more than half of what the Court established (5,000 euros). For this reason, the TSJA has corrected the assessment and leaves the mitigating circumstance as “simple”: a rectification that implies adding three more years to the aggressor's prison sentence.

“The amount awarded represents only 60% of the amount that the sentence recognized in favor of the injured party,” the TSJA indicates in a new sentence to which the aforementioned media has had access. However, this criterion is not the only one that has caused the modification of the sentence; the Court also emphasizes that the Court did not explain why it classified the mitigating circumstance as “very qualified.”

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The new ruling stresses that the previous sentence does not include the reasons for the qualification of the mitigating circumstance as “very qualified” and stresses that it only refers to “the efforts of the accused to deposit the 3,000 euros, without explaining at all what his financial situation is or the difficulties he had in raising this sum”.

It should be noted that this modification was carried out after the victim's defense appealed, arguing that the "meager amount" paid by the defendant before the trial "does not compensate for the moral and physical damages" suffered by their client. "She is a foreign person who, due to the economic needs of her family, was forced to work and live outside her country in a foreign home, alone, caring for an elderly person and enduring the accused's repeated attempts to sexually assault her, to the point that she slept on the floor on top of a blanket because she could not do so in the elderly man's bedroom, as the accused spent the night in a bed next to her," the appeal stated.