A male dance teacher was charged with sexually abusing a three-year-old girl at a dance school, by inducing her to perform oral sex and rubbing his penis against her behind. Trial witnesses included the child, a security guard, and the parent of another student. The trial court convicted the man and sentenced him to over 15 years of imprisonment. On appeal, he argued that the conviction was illogical and groundless because the testimony of the guard and parent disproved that he was alone with the child at the school at the time of the alleged crime. He also asserted that the prosecution turned down his offers to test his DNA against any found on the child’s undergarment. The court of appeals affirmed the conviction, noting that factual and credibility determinations were for the trial court to make. On a cassation appeal, the defendant argued that the court of appeals failed to state the grounds for its decision. The Supreme Court also affirmed the conviction, finding that the defendant failed to specify the legal errors he claimed.
Sentencia nº 620 de Tribunal Supremo de Justicia (Número de Expediente: C15-289)