Section 29 of the Provincial Court of Madrid has acquitted the youtuber José Santolomé Lemus (Tenerife, 1993), better known as Dalas Review, of the crimes of sexual abuse and sexual cyberbullying to a minor, for which the Prosecutor's Office requested five years in prison.
The judges argue that it was not proven "in the course of the oral hearing that the accused and the minor kissed in the mouth during a visit of him to Madrid on February 8, 2016, or that after they went to the Retiro and returned there to kiss her, he touched her in the vaginal area and chest and suggested sexual intercourse. "
In the same way, "the second crime has not been proven in the trial either, because although after that day they both maintained contact through social networks until the month of April, it has not been proven that Dalas Review proposed the minor stay with him again. "
The judges absolve, therefore, the youtuber of the events for which he sat on the bench last November 30, since the presumption of innocence could not be enervated during the plenary session, which gives the right not to be convicted without proof of valid charge.
And the proof of charge in this case is the testimony of the minor victim, given the context of privacy in which, according to reports, abuses and cyberbullying occurred. "None of the elements that question the accusations is certainly final," says the ruling. Neither is it, according to the magistrates, "the simplistic exculpatory hypothesis of the accused, it is stated in the sentence, that everything is a conspiracy devised" by the victim and the witnesses. "We are very far from being able to have that explanation accredited, there are also things that do not fit," say the judges.
"In this situation of having to choose between two versions that none of them is presented as safe, the criminal procedure system requires one of those two ways: the one that provides the assurance that no innocent will be condemned even at the cost of assuming the risk of impunity for very serious infractions, "says the sentence.
As for the crime of cyberbullying, there is no doubt that contact has existed through a technological means, the mobile phone, and a meeting was proposed, which 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," says the ruling. Against this sentence, an appeal can be filed before the Superior Court of Justice of Madrid.