He had stayed on street. She was living with her father, her sister and had no shelter. He appeared to be a savior and opened his home to them. The real trouble began for the little girl when he appeared as a savior and opened his house to them.
These events occurred in the summer 2018. The father of the minor was left homeless with his two daughters, the victim and her 10-year old sister. He was without housing, no work, and without the ability to pay rent.
They quickly became close friends, and he opened his home for them. According to the prosecution's conclusions, the 65-year old man nicknamed El Chino was convicted in 2001 of a crime involving sexual abuse.
With his kindness and hospitality to the girls, 'El Chino" quickly won their trust. Indictment: The Public Ministry representative who handled this case stated that the defendant treated minors as a grandfather.
He was faced with this situation and he left the house to visit his partner on a few occasions, leaving the girls alone. The defendant was sentenced to a term of imprisonment by the Provincial Court.
Between July and August that year, the man sexually assaulted one of the oldest girls. Little Ella was completely frozen the first time. When she made a statement about it, she told it in the Gesell Room of the City of Justice.
The microphones and camera that took their picture are not noticed by the children, so they don't feel like they are in an interrogation area. This is done to avoid the long and tedious path of a judicial inquiry, which can be especially difficult in cases of abuse or sexual assault.
The victim shared with us the story of how a man behaved like a grandfather while his father was not there and used his absence to abuse her. They argued the first time that everything happened.
This sentence suggests that El Chino told him that he wouldn't do it again. But he lied. The psychological game began after he had abused her. The man threatened to kill her if she revealed what had happened, the girl said.
"El Chino" also used a night at a bar terrace to touch him. He went to the restaurant with his father on August 16, that year. The defendant covered his face with his hands when the father was not present at the table. They caught him this time. He was a protected witness and saw everything during the proceedings. She claimed that she saw the man "groping" her girl.
The father had not heard anything from the little girl about what was going on. In the Gesell room, she explained that her father had never told her anything about what was happening.
This aspect is perfectly reflected by the judicial resolution. The judicial resolution explains that El Chino sexually abused the girl and took advantage of the superiority he had, not only due to his age but also due to the gratitude the minor felt he owed for welcoming her, her sister, and her father into the house.
He has always denied any sexual abuse. He even claimed that he was suffering from hypertension and impotence at the time.
The sentence however, ensures that the defense's study, which states that the defendant's personality profile doesn’t match the most common traits for sexual aggressors, and that he has a high likelihood of suffering from a dysfunction, must be accepted.
The Provincial Court magistrates found his version not credible. However, the victim's account is accepted. This sentence, among other things, indicates that the girl recounted the events "in a convincing fashion and without the possibility to establish any doubts in relation to their production."
The story of the little girl is plausible. A psychologist's statement, among other things, stands out. She warned about the difficulty and complexity of obtaining testimony from the minor. "This shows that she doesn't respond to a script she has learned beforehand and repeated literally."
Additional arguments were also presented by the magistrates to convict "El Chino". The forensic medical reports that were obtained after a gynecological exam of the girl revealed that the minor suffered from injuries compatible with sexual abuse.
This is enough to make the magistrates condemn the man for three counts of sexual abuse and two minor crimes of injury. They imposed a sentence for 24 years imprisonment and a 600 euro fine.
He is also prohibited from approaching the victim in a radius of 500m and communicating with her over the course of eleven years. As stated in the above sentence, El Chino will pay 150,000 euros to the victim for the moral damage she caused her after she welcomed her into her home.