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Real Madrid Defender and Former Teammates Face Trial Over Alleged Video Distribution
October 26, 2023
A meaningful legal development is unfolding for a current Real Madrid defender and three former club players, who are set to face trial in Las Palmas. Spanish judicial authorities confirmed on Thursday that the footballers are being prosecuted for thier alleged involvement in the broadcasting of sexually explicit video recordings featuring a minor. This case brings a serious legal challenge to the forefront for these athletes, impacting their careers and public image.
The indictment, issued last May, details the players’ alleged participation in “the registration or uncontested dissemination of sexual videos involving a minor and another young girl.” The individuals in question were reportedly 16 and 18 years old at the time of the alleged offenses, according to a judicial document obtained by news agencies. This specific charge, often referred to as “child pornography” under spanish law, carries severe penalties.
The judge presiding over the case at the San Bartolomé de Tirajana court in Gran Canaria has formally opened the proceedings, signaling a move towards a full trial. As part of this process, the court has mandated that the suspects provide a financial deposit within 24 hours.This deposit ranges from 15,000 to 20,000 euros,as stated in a press release from the Spanish justice system. This financial requirement underscores the seriousness with which the court is treating the allegations.
Defence and Presumption of Innocence
The 22-year-old Spanish international defender, identified as Raul Asencio, has previously asserted his right to the presumption of innocence
.In May, he stated that he had not engaged in any behavior that violates the sexual freedom of a woman and even less of a minor.
his legal team has emphasized that he is not accused of direct sexual contact or of recording the individuals involved.
However, the prosecution’s case centers on the alleged dissemination or sharing of these recordings with a third party.Under the Spanish Criminal Code, such actions can constitute the offense of “infantile pornography,” regardless of whether the individual directly participated in the creation of the content. This distinction is crucial and will likely be a focal point of the legal arguments.
Counterarguments and Legal Nuances
A key counterargument from the defense may focus on the intent and knowledge of the accused regarding the age of the individuals in the video and the nature of the content. While the current player denies direct involvement in recording or sexual acts, the legal definition of dissemination can be broad. Critics might argue that even accidental sharing or showing the video to friends without fully understanding its implications could still lead to prosecution. Though, legal precedent frequently enough requires a degree of intent or recklessness for such charges to stick. The defense will likely aim to demonstrate a lack of malicious intent or awareness of the severity of the alleged actions.
another potential point of contention could be the definition of “dissemination.” Does it require active distribution, or is passive viewing and subsequent discussion enough? The prosecution will need to present clear evidence of how the videos were shared and to whom. The defense, conversely, might challenge the chain of custody of the evidence and the reliability of witness testimonies.