Thursday, October 28

A judge assures for the second time that recording intimate images of women in the street and uploading them to porn websites is not a crime


The head of the Court of Instruction number 1 of Viveiro (Lugo) has once again rejected that recording images of women urinating in the street using hidden cameras and uploading them to pornographic web pages is a crime. He defends that what happened at the A Maruxaina festivities, in the Lugo town of San Cibrao, in August 2019 cannot be considered a crime of discovery and disclosure of secrets or one against moral integrity. For this reason, it has decided to provisionally archive the case for the second time.

Paloma, affected by the videos of A Maruxaina that ended up on porn websites: “We want something to be done against those who profit from this”

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The resolution, dated at the beginning of this month, is the response to the appeals filed by the affected parties against the first decision, communicated in March, to dismiss the case. The arguments and the judge’s conclusion then provoked the indignation of the affected women, who overcame the shame they felt in seeing themselves in those images and organized a protest demonstration. More than a hundred appear in the videos, several of them minors. Around 80 decided to report.

The women were filmed while they were celebrating at the Maruxaina festival, which brings together thousands of people in the small town of San Cibrao, in the Lugo municipality of Cervo. Images are sharp, even at night, and are shot from various angles. The cameras were positioned so that both the genitals and the faces of women who urinated in an alley are clearly visible due to a shortage of public toilets. In the cuts uploaded to porn sites, some of them paid, no man appears.

In the order, the judge, Pablo Muñoz, argues that it cannot be considered that there is a crime because the images were taken in a public space and not in a closed one. It cites other resolutions of the provincial hearings of Pontevedra, Seville and Jaén, which imply that events of this type that occurred on public roads must have a response outside the criminal sphere.

It also rejects the crime against moral integrity and cites the jurisprudence of the European Court of Human Rights, which defines it as the treatment that can “create in victims feelings of fear, anguish and inferiority, susceptible to humiliating, debasing and to break in his case his physical and moral resistance “. In the case of A Maruxaina, he points out, “it is not appreciated” that the intention is this.

The Association of Mulleres en Igualdade de Burela, which is supporting those affected in the judicial process, has already presented an appeal before the Provincial Court of Lugo. Its president, Mary Fraga, argues that the act was “premeditated” by the placement of the cameras, with specific angles and motion sensors. One of those affected, Paloma Maseda, explained to this newspaper that the alley in which they were recorded is a small space, where there are usually parked cars and that it offers corners that are not visible from the main street.



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