The Superior Court of Justice of Andalusia (TSJA) has ratified the sentence of ten years in prison imposed by the Court of Malaga a woman for forcing her niece to use drugs and work as a childminder when in fact it was to practice prostitution in a house in Marbella.
Thus, the Andalusian High Court rejects the defense appeal in its entirety and ratifies the conviction of the Ninth Section of Malaga for a human trafficking crime in medial competition with another coercive prostitution, for which he was sentenced to seven years in prison; and another against public health, for which the sentence was three years in prison.
As was declared proven in the sentence, now confirmed, the accused, knowing “the difficult economic situation of her niece”, resident in Bolivia, offered her a “non-existent” job in Spain as a childminder and once she, guided by that job offer, arrived in Spain in April 2015 with her aunt, she withdrew the passport at the airport.
Thus, the resolution maintains, she was forced by her aunt to engage in prostitution in her home in marbella“against his will and performing all the services proposed by the accused, regarding which he could not say no because he scolded him, and under the premise that if he did not exercise it he would remain on the street, without any financial resources, social or family.
Likewise, he told her that he had the debts of the trip to Spain with her, since the plane ticket was paid by his aunt. This situation, says the Chamber, continued for ten monthsuntil the victim was able to leave the home.
The woman gave all the money she received for her services to the accused, who also deducted the food and the narcotic substance that she acquired to be consumed with the clients, forcing the victim to also consume cocainein addition to supplying it.
The TSJA affects the situation of the victim upon arrival in Spain, “lacking professional training, in a situation irregular in our country, without money and owing the high cost of the trip to her aunt”, for which she says that one must ask herself “what real alternative she had to accepting the offer of prostitution that the accused presented to her in a pressing way”.
“The complainant may have exaggerated or reinterpreted a posteriori some points of her situation, in terms of her freedom of movement or her possibilities of communication, but this does not deprive the core of her story of credibility,” says the Andalusian Court, insisting on the situation “of need and vulnerability, financial and personalwhere he was.”