The Huesca Court has sentenced a civil guard to sentences totaling 53 years in prison for the alleged sexual abuse committed on eleven minor children to whom he gave extracurricular classes at a school in Barbastro (Huesca).
The sentence considers lawful the legality of the recordings made with a hidden camera by one of the teachers who had suspicions about the conduct of the accused.
In his sentence, to which Efe has had access, the court imposed on the accused, Serafín EC, 50, nine sentences of 5 years and 1 day for as many continued crimes of sexual abuse and two more than 4 years each for sexual abuse prevailing due to his authority as a teacher over two of the minors.
The court considers that the defendant, arrested in 2019 after the facts were reported by the center itself and the parents of the minors, and who at that time was assigned to the position of the neighboring town of Monzón, used his status as a teacher to abuse minors between the ages of 6 and 10, whom he had to educate, protect and care for.
He rules out the existence of a crime with respect to other minors who were initially related to the complaint after assessing the absence of evidence of these abuses in the recording, whose legal validity is supported by recent Supreme Court jurisprudence.
The recording was made by a teacher who was surprised to suddenly enter one of the accused’s classes and observe that she had one of the minors to whom she taught extracurricular activities sitting on her lap.
Despite the insistence of the defense in requesting the annulment of this evidence, considering that the recording, made without judicial authorization by a person unrelated to the investigation, violated the constitutional rights of its client and of the children themselves by intruding on their privacy, the Huesca High Court considers it lawful, proportionate and necessary to clarify the facts denounced.
In defense of the evidence, the Court cites a February 2021 Supreme Court ruling in which it is ruled out to question the constitutionality of the recording made by the mother of the victim of a criminal offense, understanding that its use does not imply the “bankruptcy or impairment” of any fundamental right.
The jurisprudence of the high court warns that “it would make no sense to resolve doubts about the legality of that information obtained by an individual, forcing police officers to operate with an unthinking rule of exclusion that puts the protection of personal data of drug traffickers before or the home privacy of a murderer in the face of the investigation of a serious crime against life or public health”.
The Huesca Court also dismisses the arguments of the defense regarding difficulties in accessing the incriminating recording provided, although it admits that the obligation established by the instructor that its viewing be carried out exclusively in court could generate “inconvenience and discomfort” to the lawyer. .
And in addition, it values, on the other hand, the testimony given by the minors themselves in the exploration that was made to them by the specialists during the investigation, which, in the opinion of the court, give “solidity” to the case as a whole.
“With some exceptions -highlights the sentence-, most of the boys and girls come to agree on essential issues, such as that the defendant regularly gave them trinkets and gifts, and that, especially the girls, he sat them on her knees, hugged them, kissed them, or touched their backs under their shirts.”
He adds that despite the “good concept” that these minors had of their teacher, that “they did not appreciate a sexual connotation in the behavior of the accused, given his age.”