The Supreme Court confirmed this Monday the judgment of the Valladolid courts that sentenced a father to four months in prison for whipping his four-year-old daughter causing injuries because "she cried and did not fall asleep."
The Supreme Court ensures that the nature of the crime is defined in the jurisprudence and that giving "a strong whipping to the buttocks of a minor under four years of age, which causes injuries even if she does not require medical assistance, being of such intensity that it leaves marked the mano” supposes mistreatment in the family sphere. Even more "if the reason that generated the aggression is merely that she cried and did not fall asleep."
The Criminal Chamber has dismissed the appeal filed by the convicted against the judgment of the Provincial Court of Valladolid that confirmed the one issued by a Criminal Court of the same city. In addition to the prison sentence, he was prohibited from approaching less than 500 meters from his daughter for 1 year and 4 months and the payment of compensation of 200 euros.
The events occurred on June 8, 2019 when the accused, who has shared custody with the children, was at home with the minors. Her daughter did not want to sleep and she did not stop crying, so the condemned man gave her a strong whip on the buttocks that caused two wounds, one of 7 by 4 centimeters and another more tenuous of 3 by 2 centimeters.
The ruling also dismisses the appeal for formal reasons since "it incurs in causes of inadmissibility" since "it does not justify the appeal or claim any contradiction with the jurisprudence of the Chamber or the existence of contradictory jurisprudence of the Provincial Courts". The condemned also raises new judicial issues, which he did not expose when he appealed to the Provincial Court of Valladolid.
In his appeal before the Provincial Court, the defendant's defense stated that those marks that the minor had on her buttocks were the product of a dermatitis caused by the girl scratching during the tantrum. The Court has already made it clear that in the medical reports there was no reference to dermatitis or scratching.