The judge of the Court of Instruction number 3 of San Bartolomé de Tirajana (Gran Canaria) (22 years) and its former partners in the lower sections of the Andrés García Club, Ferrán Ruiz and Juan Rodríguez for recording sexual images of two women, one of them minor, and spreading them without their consent, as reported by the Superior Court of Justice of the Canary Islands. This decision opens the way for the Prosecutor’s Office and the accusations to present positions and request the opening of trial.
The instructor of the case appreciates indications of the following crimes: discovery of secrets without consent and violation of intimacy (article 197.1 of the Criminal Code), distribution and shipping to third parties of the videos without warning to the injured or consent of them (article 197.3) and capture or use of minors for pornographic purposes and possession of child pornography (article 189, 1 and 5 of the Criminal Code). As detailed by the judicial resolution, the alleged victims, aged 16 and 18 when the events happened, currently suffer post -traumatic symptomatology derived from the experience lived. The judicial decision is susceptible to appeal.
The child’s mother appeared in a headquarters of the Civil Guard in the north of Gran Canaria to file a complaint for the possible dissemination of an explicit sexual content video starring the minor recorded on June 15. As detailed by the woman, those relations, which occurred in the reserved of a famous local leisure of the town of Amadores, in the municipality of Mogán (southwest of the island), had been consented, in September of that same year, the judge of instruction charged the four soccer players.
In February, the Provincial Court of Las Palmas dismissed the appeal filed by the defense of the footballer by considering that there are “rational indications” of crime that the Canarian canterano had committed both a crime of discovery and revelation of secrets, as well as another of child pornography.
The defense then argued that the video could not be recovered, so that its existence or content could not be accredited and that there was not enough evidence to relate the footballer.
The Order of the Provincial Court made it clear that the absence of the video file does not equals that it has never existed, it establishes that the crime would have been consummated at the time the video was shared, regardless of whether it was then erased. In addition, they remember that there is the statement of one of the investigated, who said that Asencio showed him the document, along with the mobile records that indicate that he received it in WhatsApp. The analysis of mobile phones also revealed compromising conversations that reinforced the indications against him.
