Seville Audiencia has sentenced a man to approximately 145 years in prison for over 30 counts of child pornography and sexual assaults on minors; concurrently agreeing to «set a maximum effective sentence of 20 years in prison» under the Penal Code. The accused, as he himself admitted, not only collected child pornography images but also recorded such content over the Internet, giving «real-time instructions» to third parties who acted on minors for these recordings.
In a ruling issued on April 24, reported by Diario de Sevilla and covered by Europa Press, the Fourth Section of the Seville Audiencia found, through the accused’s explicit acknowledgment resulting from an agreement of conformity between the parties in the judicial process, that the accused, identified as Javier C.L. and around 42 years old; between September 7, 2022, and January 19, 2023, «through file-sharing networks proceeded to download and share files with sexually explicit content of minors via the IP address» of his home in Seville.
The ruling, reported by Diario de Sevilla, states that on November 8, 2023, a police search was carried out at his residence, confirming that «on the desktop computer, it was verified that different peer-to-peer file-sharing programs (eMule and qBitTorrent) were installed and active, locating in the path D:\DownloadsleMule incoming, a total of 555 elements with pedophile nomenclatures»; and in the other path E:\Torrent\incoming «a total of 785 elements also with pedophile nomenclatures».
«In addition to the previous files that were in folders that could be distributed to other network users, the rest of the files found on the accused’s electronic devices are added, totaling 3,422, with ‘images and videos showing underage individuals posing nude or in erotic or sexually explicit scenes’,» states the account of proven facts.
MORE VIDEOS
To this are added 257 Video files with the nomenclature «My recording» and a correlative numbering corresponding to screen recordings that the accused would have made «while participating in video calls and live streams through the STRIPCHAT and SKYPE applications with people from other countries who agreed to use their daughters or underage relatives for sexual acts or the explicit display of their genitals demanded by the accused and for which he paid a pre-agreed amount of money»; identifying «15 profiles that sought underage victims that the accused accessed after contacting and negotiating with responsible adults through their social media profiles, their real identities unknown as they were located on other continents.»
«These individuals, mainly mothers of underage children driven by financial interest, at the request of the accused who acted for personal satisfaction despite constituting a clear attack on sexual freedom, carried out various actions on minors corresponding to the recordings made by the accused during the live broadcasts,» details the ruling, outlining each of the 15 cases and the accused’s «real-time instructions» on the actions demanded of these individuals on minors.
OVER 30 CRIMES
Given the case, the court convicts the accused as the perpetrator of a child pornography distribution offense, 15 counts of producing child pornography of a person under 16 years of age; an attempted offense of producing child pornography of a person under 16 years of age; a violent creation of child pornography of a person under 16 years of age; three counts of sexual assault on a minor under 16 years of age; two continued offenses of sexual assault on a minor under 16 years of age with the participation of two or more people; two continued offenses of sexual assault on a minor under 16 years of age; an attempted offense of sexual assault on a minor under 4 years of age; a sexual assault offense on a minor under 4 years of age; two sexual assault offenses on a minor under 4 years of age; a continued offense of sexual assault on a minor under 16 years of age with penetration and loss of sense; a sexual assault offense on a minor under 4 years of age in a vulnerable situation with penetration; three continued offenses of sexual assault on a minor under 4 years of age in a vulnerable situation with penetration; a continued offense of sexual assault on a minor under 16 years of age with penetration and particularly degrading acts and two offenses of corrupting minors; with the qualified analogical mitigating factor of mental anomaly or disorder and the aggravating factor of carrying out the act for a price, reward, or promise.
As a result, he is sentenced to a total of approximately 145 years in prison, although the court decides to «set a maximum effective sentence of 20 years in prison»; as the Penal Code stipulates that «the maximum effective sentence for the guilty party shall not exceed three times the time for which the most severe penalty imposed on him is, declaring the ones that apply extinguished from the moment the ones already imposed cover said maximum, which cannot exceed 20 years.»
