A man serving a 4-year sentence for the repeat sexual abuse of an underage girl has been transferred to a mixed-sex penitentiary to serve his time with women. The predator, known only as “Hilario,” has also been formally re-classified as a “female” convict.
According to El Norte de Castilla, Hilario first requested a change of registered sex just a few weeks ago. After receiving a rapid approval, he informed the governing body for Spain’s correctional system that he wanted to be transferred to a women’s prison in accordance with Spain’s recently-adopted gender self-identification legislation. Law 4/2023 for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, colloquially referred to as “the Trans Law” came into effect in February despite widespread protests.
Hilario has now been transferred from the Segovia Penitentiary Centre in Torredondo, to the Madrid VII macro-prison, a mixed-sex prison built in 2008. It is believed he is being housed in the women’s wing of the facility.
The 48-year-old man was first sentenced in December of 2022 after being found guilty of the repeat sexual abuse of a teenage girl. The victim was the daughter of a female friend, whom Hilario frequently visited the home of and had briefly moved in with.
According to court records, Hilario developed a “sentimental relationship” with the girl, and sexually abused her on two occasions. As a result, the girl became pregnant and gave birth to a son.
The Social Services Department of the Junta de Castilla y León quickly became involved, and determined the girl had been living in a situation of neglect. Information provided to the court revealed that the minor and the adult man had been living together with the acquiescence of her mother. Men’s clothes were found in the house, as well as cigarette butts in ashtrays on the girl’s bedside tables. Social Services also discovered that the man had been taking the girl to childbirth preparation classes.
Despite being close to the girl’s mother, Hilario reportedly denied knowing the girl was underage, an assertion that was rejected by the court, which affirmed that there was “no doubt” that Hilario knew the girl was under the age of 16.
After the first effort failed, Hiario’s defense then successfully argued that Hilario did not know the age of consent because he “grew up in a marginalized environment” where minor-adult sexual relations were common.
While the prosecution sought 12 years incarceration for the crime, Hilario received only 4 years in prison — the minimum possible sentence for the crime of child sexual abuse.
In handing down the sentence, the court accepted that “when he committed the offense, he did not know that what he was doing constituted a criminal offense.” Hilario was also ordered to pay compensation of 3,000 Euros (approx. $3,100 USD) to the victim, but was not ordered to complete any sex offender treatment programs.
While Hilario never previously identified as transgender or expressed any concerns about his gender prior to his sentencing, he was rapidly approved to request a gender marker change following his incarceration.
His transfer to a low-security, mixed-sex penitentiary comes with a host of benefits, including that he will be entitled to take “days off” out of prison via leave permits.
According to the latest data available regarding the transgender prison population in Spain outside of Catalonia and the Basque Country, there are currently 83 inmates incarcerated who claim a transgender identity. Of them, 47 are male and 36 are female.
Of the 47 trans-identified male inmates, 23 are serving sentences in men’s facilities, 22 in women’s facilities, and 2 in mixed facilities. Of the 36 trans-identified females, 25 are serving sentences in women’s facilities, 8 in men’s facilities and 3 in mixed facilities.
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