The Superior Court of Justice of Andalusia (TSJA) has fully confirmed the ruling of the Court of Jaen issued in July in which sentenced a young man, 25 years old, to permanent, reviewable prison. It was a popular jury that found him guilty of the murder and rape of a 14-year-old girl, whose body was located in February 2022 in the ruins of the Church of Santo Domingo, in Alcalá la Real.
The confirmation comes after the Andalusian High Court has dismissed the appeal filed by the defense of the accused, who would only have the possibility of appealing in cassation before the Supreme Court.
He TSJA In his ruling, he rejects the procedural infractions put forward by the defense to try to declare the verdict and trial null and void. In this way, the High Court denies that there has been a breach of guarantees procedural. Furthermore, the TSJA confirms the treachery.
First permanent reviewable prison in Jaén
This ruling from the Jaén Court and now confirmed by the TSJA has been the first in the province that sentences a defendant to permanent, reviewable prison for the crime of murder. Furthermore, for the crime of sexual assault a minor is sentenced to 15 years in prison.
Regarding accessories, He is prohibited from communicating by any means or approaching the family. of the minor at a distance of not less than 500 meters for a period of 20 years. In addition, he is imposed a measure of supervised freedom for 20 years, consisting of a prohibition on residing, entering or remaining in the town of Alcalá la Real.
With regard to the crime of sexual assault, the Jaén Court’s ruling also establishes as an accessory the special disqualification for any profession or trade, whether paid or unpaid, that entails regular and direct contact with minors for a longer period of time. 20 years to the duration of the sentence of 15 years of deprivation of liberty imposed by this crime. As a civil liability, he is sentenced to compensate the victim’s family in 355,000 eurosin addition to paying the costs, including those of the private prosecution.
The accused maintained at trial that the girl’s death occurred due to “consensual” practice of the asphyxiation game and that the rape occurred when the minor had already died. The jury rejected these extremes and supported the arguments of the Prosecutor’s Office and the private accusation that They demanded a conviction for murder and sexual assault.
Likewise, the sentence states that it was a malicious murder, since “the minor had no possibility of defending herself at that moment” and the accused exercised “a complete annulment” of any possibility of defense. The forensic experts in charge of the autopsy of the little girl They declared that the minor was strangled to death and was also raped before she died. Furthermore, after examining the accused and confessed author of the death, they determined that he was a person who suffers from “antisocial personality disorder“, which defines him as a “psychopath.”
They also pointed out that during the exam, the defendant “showed neither remorse nor guilt”evidencing his “lack of empathy” and that “his interests are above others.” To these personality traits of the accused, the forensic experts added “little tolerance for frustration” and being someone “who wants to live by his own rules and do what he wants when he wants” so “he didn’t care about going to school.” jail“. All these extremes were included by the jury in its verdict.
The facts
The popular court assumed as its own in the verdict the approach of the Prosecutor’s Office which maintained that at around 8:13 p.m. on February 15, 2022, the accused, who only knew the minor from having met her on two occasions, one of them, that same afternoon, went to the ruins of Santo Domingoin the vicinity of the La Mota Fortress, with “the excuse of showing him the views from that place” of Alcalá la Real.
Once there they climbed up to a hole in the side wall of said church more than two meters high, for which they had to use a wooden ladder that was leaning there. It was then that the accused, as the jury found, He tried to “overstep his bounds by giving the minor a kiss”to which she refused.
From there the events unfolded and the minor she ended up murdered by strangulation and also rapedin what the forensic experts described as an “agonizing” death. It wasn’t all there, when the minor was already dead, the accused took photos of her and sent them to a friend.
Next, around 9:36 p.m., the accused called 112 to say that he had killed “a girl” and communicate where you were calling from. Police officers traveled to the scene of the incident. Civil Guardas well as the Local Police and Firefighters.
The accused was located in the grounds of the La Mota Fortress, but from there, At no time did he collaborate with the agents to indicate where Khawla’s body was, which after several night raids, was finally located.