The Provincial Court of Castellón has sentenced a man to 27 years in prison – in front of the 63 requested by the prosecutor – for sexually abuse of six minors, five of them from the same family and between the ages of 3 and 12 when the abuses began, which were committed repeatedly from 2007 to 2013.
He is considered the author of six ongoing crimes of sexual abuse of minors under 13 years of age, one of the elaboration of child pornography and another crime of possession of pornographic material. He has been acquitted of the crime of exhibitionism that was imputed to him. It will have to compensate the victims with a total of 77,000 euros in concept of civil responsibility, for which the public ministry demanded an overall compensation of 150,000 euros.
Three of the victims are daughters of the owners of the company where the now convicted worker worked, a circumstance of trust that the man took advantage of to commit the bulk of the abuses in the same premises. It was for seven years, between 2007 and 2013, according to the decision made public by the Superior Court of Justice of the Valencian Community.
The man took advantage of the visits of the two children and the three girls to the family business, based in the town of Burriana, to subject them to touching that, on occasion, I recorded on video with a camera installed in the toilets of the mercantile "with the intention of satisfying his sexual desire".
The ruling considers as proven facts that the now convicted took advantage of the confidence that inspired the small ones to be an employee of the family firm and abused them in the same facilities, where he touched them, massaged them.
Taking advantage of the same circumstances of trust, in 2009 the accused placed in the toilet of the merchant a mobile phone "in order to record the events that were to take place, and with a spirit of sexual satisfaction, led the service" to another of the minors , 12 years old. He undressed him under the pretext of taking measures, he touched him repeatedly, and came to masturbate him. Similar events occurred repeatedly, for at least two years or more, between 2007 and 2013, with no more recordings.
Another child, 10 years old at the time of the events, also filmed while touching the genitals in the same toilets.
The ruling notes the abuses of a sixth child, aged 8 at the time of the events, committed in the family home of the defendant in Burriana, to which the child came to bathe in the pool that had installed on the roof for friendship . Also here installed a method of filming "with intent to attack the sexual safety of the child" while bathing.
The sentence states that on one occasion "he made him naked on a stretcher and gave him a massage all over his body, including buttocks and groin, touching his genitals."
The man, with the same purpose of satisfying his sexual desire, stored at home in a computer of his property and in various computer supports video files of minors previously referred to, that he himself had recorded, and numerous images and recordings of other nude minors, in sexually explicit attitudes.
The ruling indicates that the patient has mixed anxious-depressive symptomatology, in response to identifiable stress factors and an exclusive type with attraction for the male sex, with his volitional capacity partially altered.
The court finds in the testimony of the minors "the guarantees of verisimilitude, persistence in the incrimination and absence of spurious motives, circumstances that allow to consider them evidence of skillful charge to distort the presumption of innocence" of the man, "while they are partially corroborated for the testimony of the accused, and for the recordings he kept on his computer. "
The judge considers the facts constituting three continuous crimes of sexual abuse to minors of 13 years and imposes four years of prison for each one and the prohibition of approaching the minors to less than 300 meters during four years. As responsible for a continuing crime of sexual abuse under thirteen years of age, with the analogous mitigating circumstance of collaboration, he fixes two and a half years in jail and a 300-meter distance order for the minor for four years.
He is also considered the author of a continuing crime of sexual abuse of minors under thirteen years of age, with the analogous attenuating circumstance of collaboration, the penalty of seven years in prison and the prohibition of approaching him within 300 meters for a decade. For another offense of sexual abuse to minors of 13 years, with the same mitigating circumstance, it condemns him to one year, six months and one day in prison and the prohibition of approaching him to less than 300 meters during four years.
Finally, it establishes as author of a crime of elaboration of child pornography four years of prison and possession of pornographic material, three months in prison.