A 40-year-old man who identifies as transgender has been sentenced to two and a half years in prison for sexually abusing his niece when she was 12 years old. The victim in the case only came forward recently, after struggling with trauma for nearly two decades.
The victim told the Provincial Court of Murcia that her uncle, who can not be identified, continually sexually abused her but that she had lived in fear for years, afraid to confront what had happened to her, reports El Lorquino.
The transgender male, who now identifies as a “transgender woman,” pleaded not guilty to the charges against him. In response to the allegations, he claimed that his niece was lashing out to get revenge on him for refusing to loan her money. But the victim has not sought any financial compensation in the matter, and the court determined that there appeared to be no spurious motives behind the victim’s report.
According to court records, between January and July of 2007, the predator would regularly visit his sister’s home under the pretense of helping her with housework. He would then take advantage of having access to the child alone, sexually abusing her while her mother was not present.
The victim recounted being “terrified” of her uncle. During the incidents, he would insert his fingers into her vagina, sometimes after placing a condom over the digits. The victim says that on more than one occasion, he asked her to undress and pose for pornographic photos. During one “visit” the man asked her to put on a mini-skirt, telling the child he wanted to “eat her pussy.”
The court also heard that the victim had recounted the abuse she had endured previously, when, eight years ago, she described what happened to her in a report to a Civil Guard officer.
As a result of the molestation, the victim developed “certain personality disorders” and chronic post-traumatic stress disorder.
The two-and-a-half-year sentence handed to the victim’s uncle is not yet fixed and is open to appeal, but if finalized the man will likely be sent to a women’s prison.
On February 16, Spain passed the controversial “Trans Law,” granting anyone over the age of 16 the right to change the gender reflected on their official documents without any social or medical proof of transitioning. While women’s rights advocates expressed concern with the result the law would have on males being given access to women’s spaces, including domestic violence shelters and prisons, the law went into effect on May 2.
As previously reported by Reduxx, a trans-identified male in Andalusia who was sentenced to five years in prison for sexually abusing a 15-year-old girl was speculated by the victim’s lawyers to be prepping for transfer to a women’s prison after changing his legal gender marker just before his trial. The court reportedly had to verify his identification prior to the proceedings as he did not appear to be in any stages of transitioning.
While the perpetrator launched multiple appeals in an attempt to avoid or reduce his sentence, the victim’s lawyer stated that if his latest appeal was unsuccessful, he would be sent to a women’s prison to serve his sentence in accordance with Spain’s gender self-identification law.
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