The Provincial Court of Madrid has absolved the youtuber Give them Review , 25 years old, of the crimes of which he had been accused – sexual abuse to a minor and sexual cyberbullying to a minor – for lack of evidence in the accusation of a fan who maintained that in February of 2016 he submitted her to touching at the Parque de El Retiro in Madrid. This is stated in a sentence in which the magistrates exonerated Daniel José Santomé Lemus, one of the youtubers most known in Spain, with 8.5 million followers, of the events for which he sat on January 30 on the bench, because the presumption of innocence could not be questioned during the plenary. An appeal can be lodged against the decision before the High Court of Justice of Madrid within a period of ten days.
The court does not believe either the victim's version or the defendant's version, who stated in the trial that the accusation was based on "a conspiracy" of his ex-girlfriend and other fans so that her reputation would be affected. The judges dismiss this "simplistic" hypothesis. The judges do not consider proven the crime of sexual abuse. And they do not give credibility to that the accused and the minor kissed in the mouth during a visit of him to Madrid on February 8, 2016, nor that after they went to the Retreat and there he kissed again, he touched her in the vaginal area and the breast and I proposed to have sex.
Dalas Review and the minor began to speak on social networks in 2015, when he was 22 and she, 13. The prosecution maintains that the youtuber He proposed to have sex and to erase all conversations to prevent their parents from finding out. They did not know each other personally until January 26, 2016, when she went to a book signing in Madrid, although they were left alone on February 8 at the Atocha station. According to the prosecution, they went to the Retiro Park, where the accused kissed her and made touching her while saying: "I would like the first time you do it to be with me".
According to the Provincial Court of Madrid, the second of the crimes has not been able to prove itself in the trial, because although after that day and until April both maintained contact through social networks, it has not been proven that Dalas Review I proposed to the child to stay with him again. The court does maintain that they maintained a relationship in the networks, which were known in the firm and that they were alone in Atocha. But it states that "it has not been proven" that on that day the accused and the minor kissed, nor that he touched her or that he proposed to have sexual relations, nor has it been proven that Dalas proposed to meet again after their meeting in Atocha .
The judges question both the testimony of the child, which is the main evidence of responsibility for the crime of sexual abuse, and the conspiracy theory of the youtuber that everything is a montage of a group of followers against him. The magistrates point out that "none of the elements that question the accusations is certainly final", that is, the statement of the victim and those of the rest of the witnesses, which enter into contradictions, as is neither "the simplistic exculpatory hypothesis of the accused, that everything is an ideological conspiracy. "
"We are very far from being able to have that explanation accredited, there are also things that do not fit," say the judges, who say that none of the versions kept in the hearing is presented as safe. They also stress that in order to condemn the youtuber "that solid evidentiary base is needed here that is missing".
Regarding the crime of cyberbullying, the judges assure that there is no doubt that contact has existed through a technological means, and that a meeting was proposed that was accepted by the minor. "However, it has not been proven that the meeting was to execute acts of a sexual nature on the complainant," they add. Dalas Review, which is not only one of the most famous youtubers, but also of the most controversial – his encounters with fans are frequent – he denied categorically in the trial having sexually abused the child, a "bitch" that he attributed to a "conspiracy" of a group of fans to sink him the most in public .
Regarding the accusations, he denied them all. He never asked in his conversations to send him naked photos or to have sex. Nor did he tell her that being a minor was nonsense or that she erased chats. And the photo she had of her naked torso was a public photo that he had uploaded to the network. As for the Atocha meeting, he said that they only saw 15 minutes at the station so he could sign the book, but nothing to go to the Retiro, where the abuses were allegedly committed. "It would not have occurred to me in life to kiss me or anything else with someone in a park," said the youtuber, who said he was "very careful" with this matter because, due to his reputation, he "takes pictures of all sites. "