In a significant legal reversal, a 30-year-old man has been sentenced to nine years and one day in prison for the sexual assault of an 11-year-old girl, as confirmed by the Audiencia Provincial of Jaén. The man had previously faced trial and been acquitted two years prior, but the Tribunal Superior de Justicia de Andalucía (TSJA) mandated a retrial, citing the initial court's irrational dismissal of the victim's credibility, according to the prosecution's findings. The victim, currently under the guardianship of the Junta de Andalucía, is represented in court as part of the prosecution.

The case originally surfaced in February 2021 when the minor reported the sexual assault by the accused, who was then 26 years old. The retrial, conducted on May 6, with a different judicial panel, concluded with a conviction for sexual assault, as reported by Europa Press. The court has further restricted the accused from approaching or communicating with the victim for eight years post-incarceration. Additionally, the man is barred from engaging in any work or activity involving regular contact with minors for five years and must participate in sexual education programs during five years of supervised release. He is also ordered to pay €8,000 in damages to the victim as part of civil responsibility. The ruling remains subject to appeal before the TSJA.

The verdict now affirms the reliability of the minor's testimony, supported by peripheral evidence corroborating her account, including statements from specialists at the Márgenes y Vínculos Foundation, responsible for her care, who deemed her testimony highly credible.

According to the minor's 2021 account, the alleged assault occurred when she was alone in the house with the accused, who supposedly took her to a room where the abuse was committed. The accused, however, denied the charges, claiming the minor attempted to kiss him but insisted "nothing happened" as he allegedly rejected her advances. Initially skeptical, the minor's mother, who acts as a private prosecutor, eventually believed her daughter's account.

The acquittal issued in March 2023 was challenged by the prosecution, which argued the Audiencia de Jaén provided a "partial and incomplete" evaluation of the minor's statement. The Public Ministry emphasized that the victim's testimony was sufficiently corroborated by evidence that was "undervalued or misinterpreted" by the court. The TSJA supported the prosecution's appeal, agreeing with the critique of the original verdict's objections to the victim's narrative.