The judge of Instruction number 5 of Pamplona has decreed this Thursday the entry into provisional prison, communicated and without bail of A.J.B.L., accused of a sexual assault last August on an 8-year-old girl in the Navarrese town of Barañáin.
In the line-up carried out, “despite the time that has elapsed”, the minor has “recognized and pointed out”, without any doubt, “the person being investigated as the author of the facts denounced”, says the judge in the judicial resolution.
The magistrate charges the investigated with a crime of sexual assault on a child under 16 years of age, punishable in the Penal Code with between 10 and 15 years in prison.
In the appearance held this Thursday, the Public Prosecutor’s Office has requested the provisional detention of the man, a request to which the private prosecution has adhered. The defense, for its part, has advocated for the release and has raised less burdensome measures.
In the judicial resolution, which can be appealed, the judge nevertheless considers provisional detention pertinent to ensure the presence of the person being investigated in the process, since there is a high risk of flight. The defendant has no home and changes residence frequently.
According to the magistrate, it has been very difficult to locate him for his arrest, which shows that he has no family or social roots. “He doesn’t have a job either, he lives on a social benefit,” she adds.
Likewise, the judge considers provisional detention appropriate given the seriousness of the crimes under investigation and the possible penalties to be imposed. Also because the protection of the victim is necessary, especially “vulnerable” given her young age, as well as to avoid criminal repetition.
Regarding the indications of criminality, the magistrate points out that, in the preconstituted test carried out this Thursday, the facts have been reported “coherently” and “without contradictions” by the minor.
The victim has stated that, when he was in a children’s park, the investigated told him that he invited him to ice cream. In this way he took her to her home, where he sexually assaulted her. As he picks up her car, he threatened to kill her if she told anyone what happened.
“All this is recounted by the minor with a multitude of details, both about the facts, the way in which he assaulted her, and the description of the house and the room where he took her,” says the judge.
In his statement, the person under investigation has acknowledged that in August he lived at the home in Barañáin where the minor indicates that the events occurred, but has denied having sexually assaulted her.
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