The Superior Court of Justice of Madrid (TSJM) has fully ratified the 32-year prison sentence imposed by the Provincial Court of Madrid on a man for two continued offenses of sexual assault against minors in his family environment, with eleven years in prison for each of them, in addition to another ten years for two offenses of child pornography production.
This is stated in a ruling to which Europa Press has had access, in which all appeals filed by the convicted person's defense are rejected and both the prison sentences and the accessory measures agreed upon are confirmed: the restraining orders and communication bans, supervised release, and the compensation amounts set in favor of the victims.
The case began on January 4, 2024, when an employee of a mobile phone buy-and-sell store was checking a device that the establishment had acquired in November of the previous year.
During the process of checking and erasing data from the device, he located several files of sexual content in which two minors appeared, so he decided to immediately notify the Police.
That alert proved decisive. The police action made it possible to trace the origin of the recordings, seize new material stored on different devices, and reconstruct events that, had that communication not occurred, would have been difficult to bring to the attention of the authorities.
The ruling declares it proven that the images discovered were the starting point of an investigation that uncovered the crimes committed against two nephews of the accused, aged six and eight, and prevented them from remaining hidden.
The mobile phone on which the files were located had been handed over for sale by a sister of the convicted man, who was unaware of the content the device held. Subsequent investigations determined that the minors appearing in the recordings were, precisely, her children.
The resolution confirms that the accused carried out sexual acts on the two minors during the months investigated and that, furthermore, he recorded and produced audiovisual material of a sexual nature starring both children.
The Provincial Court declared proven, and so it is maintained, that the facts judged affected two minors especially vulnerable due to their young age and that the accused, the children's uncle, maintained a close family relationship with them, a circumstance that the court expressly values for the special breach of trust it implies.
The Criminal Chamber of the TSJM understands that neither the deposit of an economic amount to cover the civil liabilities arising from the facts, paid moreover on the eve of the start of the oral hearing and not by the accused himself, but by his mother, nor the psychic alteration recognized in the trial and already taken into account by the magistrates when issuing the conviction in the first instance, justify a reduction of the prison sentences in the appeal phase, as the defense intended.