The Prosecutor’s Office and the private prosecution have reduced their request for prison from five to two years for the footballers Sergi Enrich and Antonio Luna, who sat on the defendants’ bench this Wednesday for recording and broadcasting a video having sex with a girl without your consent. The events date back to April 18, 2016. Both have asked for forgiveness, have admitted that they never had the consent of the young woman to record, that they even gave her to understand that they had erased the recording and have already paid compensation of 110,000 euros. There is a third implicated, for whom two years in prison and 30,000 euros are requested to repair the damage caused. He is also the footballer Eddy Silvestre, accused of spreading the video, which went viral around October of the same year that the events occurred. Two years is the limit by which jail can be avoided as long as there is no prior record.
Enrich, Luna, Silvestre and the victim have declared this Wednesday, the last one behind closed doors, in the trial that has been held in the criminal court number 3 of San Sebastián. There will be another session this Thursday for the presentation of conclusions. Witnesses have already appeared, this Wednesday’s session, which has lasted for about five hours, have also testified several witnesses, ertzainas and the psychiatrist in charge of the psychological expert, reports Europa Press.
The Gipuzkoa Prosecutor’s Office and the private accusation brought by the victim initially requested for both players, who were active in Eibar SD at the time of the events -Enrich is now the captain-, five years in prison for a crime against privacy included in Article 197 of the Penal Code. They have reduced the sentence to two years due to the mitigating circumstance of recognition of the facts and a request for public pardon from the victim.
Enrich has admitted the events, which took place in what was then Luna’s home in Eibar on the night of April 18 to 19, 2019. Both had sex with a young woman and recorded it on video with their mobile phone, despite the girl asked them not to. “He did not consent to the recording,” he acknowledged, to add that now “he cannot even watch” the video, which the defendants have seen before the start of the hearing, because the images “are hard.” After apologizing to the victim, Enrich has affirmed that on the 19th he and Luna sent the video to his then teammate Eddy Silvestre, something that he described as “another mistake.” “He was a colleague with whom we got along very well, we did things together and we had that confidence,” he said. In addition, he has indicated that he subsequently transferred the videos and photos he had on his mobile, which he lost approximately a couple of months later, to the computer.
The defendant has stressed that the victim clearly stated that she did not want to be recorded and also assured that both he and Luna were “one hundred percent clear” that the person who spread it was Silvestre, who was the only one, besides them, that he had it, as he explained. For his part, Luna -now in Girona- has also recognized the facts of which he is accused and that they recorded the video “without consent” of the victim who, in addition, the next day “asked” to delete it. In this sense, he pointed out that they had “a long conversation about it” and made the young woman understand that they had deleted it. “However, we passed it on to Eddy,” he confessed
Luna has begun to cry and has regretted that they did not value the option that “everything will end as it did.” “We never value the possibility that it could end up like this and we never did it to harm him, far from it,” he said, referring to the victim. In addition, he pointed out that they did not inform Silvestre that they did not have the consent of the girl to record the video.
For his part, the footballer Eddy Silvestre – now in Albacete – has assured that he did not broadcast the video he received, he does not remember well if in a private WhatsApp message from Enrich or in any of the groups in which they participated. In addition, it has indicated that it did not surprise him because Enrich “used to send that type of videos”. “He flirted a lot and showed his hookups,” he said. “I had many videos of him, because he is exhibited, but I deleted them because I have a partner,” he reiterated.
As he related, when he received it, he did not even see it because “I was with my partner, he was very close and I could see him” and he deleted it, to which he added that it later came to him through another group, in October, when it went viral. In addition, he has assured that he was never asked for his mobile phone to investigate it and that he understands the victim, but has asserted that he has “nothing to do with this.” He also recalled that in December 2016 he left Eibar, where he spent four months, to Cádiz to play there and has denied that he sent the video to his teammates from Cádiz.
Regarding his relationship with the other two defendants, he has indicated that he was “cordial from colleagues”, but he does not know why they sent him the video, although he has repeated that “for Enrich it was normal” to do so. After the victim’s closed-door statement, several witnesses have appeared, including a friend of the victim who received the video in a WhatsApp group from his gym, after which he went to the bar where she worked to warn him. As he explained, at first he thought that the young woman would be “aware” of what was happening, but no. Upon hearing the news, she telephoned Enrich asking: “Please stop him, I want you to stop him.” Then he went to the police station to report.
The Eibar player Pedro León has also testified, who has claimed not to know who started the broadcast of the video; the then captain of the gunsmith team Daniel García, who wrote by WhatsApp to his manager, Ricardo García Vicente, telling him that the author of the broadcast of his teammates’ video was Silvestre. Also García Vicente, through videoconference, has indicated that he spoke with his client on October 5, 2016 by WhatsApp because “the subject was very popular” and “as a captain he had a relationship with them”, alluding to Luna and Enrich.
Subsequently, several Ertzainas who participated in the investigation of the case have testified, the young man who shared the video in a WhatsApp group in a gym in San Sebastián through which it reached one of the victim’s friends. In the expert reports, Ertzaintza agents have confirmed the non-manipulation of the videos and audios presented as evidence and in which a psychiatrist and psychoanalyst who treated the victim when she found out that the video had gone viral has stated that the young woman entered in “panic”. As he explained, he was able to verify that the victim “did not suffer a disorder”, nor any type of “alteration”, so that “there was nothing strange”, beyond “a panic, a very important crisis of anxiety and stress for the fact that happened “.
The specialist has indicated that she saw the victim, accompanied by family members, twice a day every day for about two and a half months and that she removed the mobile phone, “an important measure”, since she received “thousands of notifications, insults, etc”. “I was afraid that there would be a suicide attempt,” he confessed. In his opinion, “he met all the requirements” for this, he felt “ashamed, received insults for notifications, disbelief in them, social scrutiny for the viralization of the video.” However, she has assured that she “had things very clear” and “never felt guilty” for what happened. “He had forgotten these boys and suffered for their environment,” he pointed out. He prescribed antidepressants and antipsychotics “at very low doses”, as well as being accompanied at all times.