Several times they surprised him neighbors of the townBut he begged them not to say anything, lest his wife find out. Until a man who saw him several times brought him to the attention of one of the children of the victim, which he reported to the Civil Guard what they had raped his mother.
The scene, the cemetery of Moratalla (Murcia), where the victim, a woman with physical and mental disability, He went regularly. There this individual approached her at least three times, to force her to keep sexual intercourse. Both the victim and her attacker are now 66 years old, although she, according to the opinion of the doctors who have examined her, has a degree of understanding comparable to that of a minor of 5 or 6 years of age.
According to what is read in the account of proven facts in the sentence now handed down by the Murcia Provincial Court, one of the attacks took place inside a pantheon; the other, on a tombstone, and the third in the toilets of the cemetery. It so happens that the victim “suffered meningitis in adolescence, and this disease seriously affected him both physically and psychologically: physically, he resulted in paralysis on the left side of the body, and has been deaf ever since.” Likewise, “he has not gone to school and has no education, and at an intellectual level, his disability is notable, having declared a intellectual disability with a total degree of disability of 75% by the Murcian Institute of Social Action (IMAS), being very limited the activities of independent government, because it needs a third person for cleaning and dressing.
«The woman’s communicative capacity is clearly affected both in her ability to transmit and in her ability to understand what is being said to her. It shows a significant limitation in its hearing. This, together with not knowing how to read or write and not having been trained in any alternative means of communication, makes it very difficult for me to understand the questions clearly, “the doctors detail. «It does not have the capacity to give valid consent at the time of maintaining sexual intercourse», Say the forensics.
Given the victim’s situation, her statement was not available in the process, although the witnesses did. One of them, the woman’s son, who said that, although he had not seen the events that occurred in the cemetery, it was not the first time that his mother was raped by a neighbor of the town: It already happened on two previous occasions, although the second time they withdrew the complaint, as the suspect was a very old and sick man.
Other witnesses did corroborate having seen the violations, although the defendant insisted at all times that it was all a lie: he declared that the neighbors said that “out of revenge.” “The testimony of the accused to the court is neither credible nor convincing,” the Hearing emphasizes in its judgment. Quite the opposite of the “truthful, sincere and uninteresting account” offered by direct witnesses. The Court, therefore, condemns the individual to spend seven years in jail. You will have to compensate your victim with 10,000 euros.
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