In November 2018, a mother denounced that her three-year-old daughter had been the victim of abuse by her uncle, who had touched her when the girl went home to play with her children, the youngest’s cousins. The mother’s words awakened all the alerts. However, as the investigations progressed, it became clear to the psychosocial team that “the events had not occurred” and that the girl “had clearly been manipulated and induced to say” yes. Two and a half years later, the Provincial Court of Valladolid has acquitted the accused and requested that she be investigated for an alleged false complaint who is believed to have been motivated in depriving her ex-husband of joint custody.
The Chamber considers it proven that the mother pressured the minor to say that the accused, married to a sister of his ex and the girl’s uncle, “He had touched her ass and totet” and “that she doesn’t like it and it hurts her” with the sole purpose of definitively interrupting the minor’s relationship with her paternal family. And it is that in oral proceedings, it was proven that there is “a live, open conflict between the parents regarding custody” and that at the time of delivery of the minor he “always did it accompanied by his mother, the grandmother of the child. minor, or provided with a recorder and mobile, devices in which he records everything that happens, for fear of the subsequent reactions »of his ex.
This is how he was defended in the oral trial by different testimony, which, in the first place, ruled out that the accused was even alone with the minor, in his own home at any time, since there were always more adults and that even one of the days the alleged abuses are dated he was working out of town.
The aforementioned professionals also denied physical evidence of abuse. First, apEdiatra explained that he refused to perform this examination because she understood that she was being «used» since «she was well aware of the conflict she has with the minor’s father, and because she understands that, if it gives credibility to what she has told her, what she should do is not go to her consultation with excuses to request a report. When he did not accept this health, he went another day to the emergency room due to a redness that he observed in the external genitalia of the minor, which the doctor who attends them alleges that it may be due to various causes, and, in any case, they have a validity of, at most , 72 hours before, but this occurs twelve days after the alleged abuse.
Finally, the reports psychological maintains that no disorder, trauma or stress was observed in the slightest, and that the girl’s story presents many inconsistencies, with which he considers that it may be induced. “No professional observes signs of veracity,” says the ruling.
The only evidence would be two recordings provided by the mother, in which the girl would tell the facts to questions from her mother in a story that “is not free and spontaneous and is full of contradictions”; and for the father, in which the girl says “that she does not want to disappoint her mother, that she has told her that she will have to choose between her or her father, and she does not want to choose ». She tells her father: “It’s mom who says it, it’s not true, she records me and I feel bad, because I don’t want her to get angry …”.
“It is not that, being very young, she does not know how to give details or, as she does not understand the sexual scope of the events, she does not feel anguished or frightened, what the psychosocial team shows and expressly says so in oral proceedings, it is that the facts have not happened, they are not true, the minor has been clearly manipulated ».
In view of this, the uncle of the little girl has been acquitted of a crime of sexual abuse and testimony has been deduced for a false complaint against the mother, whom during the process He was warned that he “could be seriously harming the minor and he was ordered not to continue with it and she ignored it. Likewise, it is agreed to send the sentence to the Social Services in order for an evaluation of the minor’s relationship with her mother to be carried out, once the ruling is signed.