The Las Palmas Court has sentenced a man and a woman to 36 and 33 years in prison, respectively, for having repeatedly raped their daughters, when the girls were four and five years old, and for having used them to record pornographic videos.
The sentence is handed down two weeks after, during the trial, the defendant, B.A.L.P., pleaded guilty to the acts attributed to him, the reality of which had already been proven in the video recordings that the Police seized at his home.
This defendant was initially facing a sentence request of 42 years in prison, but his confession served so that both the Prosecutor's Office and the private accusations exercised on behalf of the girls agreed to reduce it to 36 years (two sentences of eleven years for rape and another two of seven years for child pornography).
His then partner, T.N.L.M. did not deny her participation in the crimes, but tried to argue that she had participated in them influenced by a "blue liquid" that she said B.A.L.P. gave her and the minors to drink (each girl is the daughter of one of the two defendants).
However, the court replies that the videos recorded by the couple leave her without an alibi, since "it does not appear that she was affected by any substance, her participation being active" in the rapes, because, in fact, in the images it is observed how she encourages her daughter to intervene "when the minor was reluctant".
"It is not recorded at all that T.'s action was in any way influenced by any substance ingested, nor is any state of fear towards the accused appreciated in T.," adds the presiding magistrate, José Luis Goizueta.
For three years
All this happened from 2019 to 2022, when the girls were between four and eight years old. The court classifies the most serious acts as crimes of sexual abuse with penetration, in application of the Penal Code in force at that time, in which the border between abuse and aggression was marked by violence or intimidation.
However, the Court emphasizes that these are "serious" crimes to which "it is irrelevant whether or not there was consent from the girls, since given their age it is legally presumed that no type of consent can exist".
The sentence grants compensation of 100,000 euros to the girls for "the undoubted psychological damage" they suffered and that, given their age, "cannot be ruled out" that it will worsen "in the future as a result of the abuse suffered".
In addition, it removes the parental authority of the two defendants over the girls and over the rest of the minor children that each one has: from him, for twelve years, and from her, for nine.
