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Basque High Court Raises Hondarribia Surf Instructor’s Sentence to 88 Years and 5 Months After Reclassifying Offenses as Sexual Aggression

Judges ruled that psychological intimidation of minors amounts to violence under the Penal Code.

Overview

  • The TSJPV replaced the original abuse classification with sexual aggression after finding emotional intimidation of the victims.
  • The aggregate prison term increases from 71 years and 5 months to 88 years and 5 months, surpassing the 85 years sought by prosecutors but below the private accusers’ requests.
  • Individual penalties now range from 5 to 13.5 years for each aggression, with six treated as continued offenses.
  • Compensation to each victim rises by 30% and the 5‑month term for possession of child sexual‑exploitation material is maintained.
  • The court rejected the defendant’s claim of a presumption‑of‑innocence violation, and the ruling is open to appeal before the Supreme Court; he has been in custody since August 28, 2021.