The Provincial Court of Santa Cruz de Tenerife has sentenced a man to 16 years and six months in prison for a continuing and aggravated offence of sexual assault against a minor, as well as another charge of child corruption for producing child pornography. The court imposed ten years and six months for the first offence and an additional six years for the second. Upon serving his sentence, he will be subject to ten years of supervised release and prohibitions regarding approaching or communicating with the victim. Furthermore, the sentence mandates that the convicted individual must compensate the victim with €50,000.
The lawyer José Antonio Domínguez Hernández, who led the private prosecution, requested a sentence of 19 years and €250,000 in compensation from the court. The prosecution sought the same prison term and €100,000 in compensation.
The events occurred between September and October 2023, when the victim was 13 years old and the convict was 52. The minor was not unknown to him; she was a friend and classmate of one of his daughters and frequently visited his home. Both families maintained a close relationship, sharing visits and activities, thereby creating an environment of trust that facilitated the girl’s normal access to the defendant’s home.
The judges found it proven that the accused began communicating with the girl through a fake female Facebook profile. The communication on this social network evolved from affectionate conversations to intimate and sexual messages. The court deemed that this fake profile was not an incidental detail, but rather a central tool used by the accused to approach the girl: it allowed him to gain the minor’s trust, maintain contact unbeknownst to the family, and gradually steer their relationship towards in-person meetings.
When the girl discovered who actually managed the Facebook account, the conversations continued. From the friendly and affectionate messages, the accused moved to sexual conversations, asking for photos and videos, and “arranging secret meetings” to prevent family members from discovering the relationship. For weeks, the now-convicted individual engaged in repeated sexual acts with the girl, sometimes occurring at his residence.
The accused claimed that the girl had agreed to maintain a romantic relationship, that she had exchanged affectionate messages, and that at times she had acted of her own accord. However, the judgement from the Provincial Court is decisive and rejects the notion that this alleged argument could negate a crime. “The events cannot be presented as a romantic relationship between equals, as the nearly four-decade age difference, the victim’s young age, and the adult’s position of trust exclude any equivalence between them.” The judges also dismissed the argument that the accused may have made a mistake regarding the girl’s age, stating he “knew the girl and her family perfectly well.”
The accused asserted that the girl maintained an affectionate relationship, accepted their meetings, and even took the initiative, he stated. But the court is emphatic, emphasising that “being a victim under 16 years of age does not eliminate the crime, even if there was no violence or resistance” and adds that “the adult had the obligation to refrain from any sexual contact.”
The court considers that the victim provided a consistent account in her testimony, except for some variations that “can be explained by her age, the recurrence of the incidents, the passage of time, and the emotional difficulty of recounting sexual events.” In this case, “the minor’s word is not isolated,” as her testimony is supported by various pieces of evidence obtained from social media and the electronic devices they used. The police recovered conversations, photos, and videos, although some files had been deleted from the accused’s phone and the minor’s tablet, investigators were able to retrieve them.
In some messages, the accused asked the girl if she was alone, tried to arrange meetings with her, and requested that previous conversations be deleted. In others, he asked for intimate images and videos or expressed concern about the possibility of the girl’s mother discovering what was happening. The coincidence of files on both devices confirmed the exchange of sexual content. The accused encouraged the production of pornographic videos and photos, even if the girl herself was operating the camera. “To commit this crime – the court explains – it is sufficient to induce, request, or promote the production of such material.
The court also rejected the defence’s contention that the charge of child corruption should be subsumed under the sexual assault charge. The judges maintain that “both situations protect different interests: sexual freedom and integrity on one hand, and the dignity, image, and safety of the minor regarding the preservation or potential dissemination of the files on the other.”
Forensic experts indicated that the victim showed injuries consistent with penetration, although it could not be precisely determined when they occurred. No conclusive DNA from the accused was found, however, the court did not view this as a circumstance exonerating him due to the time that had passed. Furthermore, “the presence of DNA from a possible third party may have arisen through various means and mechanisms, and is not necessarily the result of sexual relations.”
Psychological reports observed “anxiety, depression, isolation, and significant emotional distress.” In addition, the minor was undergoing the illness and subsequent death of her father at that time. “She felt fear, shame, and guilt,” regarding the possibility of her family learning about the clandestine relationship.
The complaint was filed after the mother and brother discovered the conversations and images on the girl’s tablet. In this regard, the court considers that “the late revelation of the facts is compatible with the situation of a minor subjected to a clandestine sexual relationship with an adult close to her family environment.”
