A Cuban resident in Gijón, Spain, who faced a sentence of up to 22 years in prison, was ultimately sentenced to two years in jail after the Provincial Court of Asturias acquitted him of the more serious charges brought against him, reported the local media La Nueva España.
The ruling of the Eighth Section of the Court, announced this Tuesday, dismissed the charges of ongoing sexual assault, production of pornography, and coercion, and sentenced the defendant to two years in prison for sexual exploitation and offenses against minors, as it was established that he allowed the sexual encounters to be recorded while knowing that the young person was a minor.
According to the established facts, the encounters took place on an unspecified date after February 25, 2021, when the accused, currently 41 years old, began having sexual encounters with the young man at his home in Gijón, and prior to March 1, 2023.
The Prosecutor's Office and the private prosecution were demanding sentences that totaled 22 years in prison: 15 for continued sexual assault, six for producing pornography, and one for coercion.
However, the court found that the evidence did not support a significant portion of those accusations.
Regarding the alleged sexual assault, the ruling took into account that the young man himself stated that he voluntarily engaged in the encounters, had interrupted the relationship, and later resumed relations with the accused.
The complainant described him as "a person with whom she had sporadic sexual relations," while, according to the statements made during the proceedings, the accused intended to pursue a romantic relationship.
Another central point of the trial was the recordings of the sexual encounters.
The accused claimed that it was the young man himself who "recorded himself at the moment they were engaging in relations." The court found it established that the man knew the recordings were being made and that the young man was still a minor.
That circumstance was decisive in sentencing him to two years in prison for a crime of sexual exploitation involving minors. According to the proven facts cited by La Nueva España, during some of the encounters, the accused allowed himself to be recorded to document the sexual relationships, despite knowing that the young man was a minor.
The court also dismissed the coercion claims, noting that there was no evidence, "not even circumstantial," to support the alleged threats made by the defendant.
During the process, the young man's disability was also analyzed. The judges concluded that this condition did not invalidate his ability to give sexual consent.
The Cuban was defended by attorney Olivia Sara Iglesias, who announced that she will appeal the ruling. The appeal will now open a new judicial phase in a case related to events that began more than five years ago.
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