In December 2020, a Mercedes-Benz began to become a familiar sight among the residents of the Vistaflor Emergency Center, run by the Red Cross on Touroperador Neckermann Avenue. According to the prosecution, CTM and SCP repeatedly visited the center offering jobs, gifts, and the possibility of legalizing the immigration status of the migrants housed there. Their offers resonated, and on several occasions, some residents agreed to accompany them to a property outside the center, owned by SCP.
Inside that house, the prosecution alleges, repeated encounters took place in which CTM and OGN had sexual relations over several days. According to the document, these encounters always occurred in the presence of SRT, CTM's daughter, born on May 7, 2015. The prosecution maintains that both adults were aware of the sexual nature of these acts and that their purpose was precisely for the minor to witness them.
On December 17, 2020, the indictment adds, the same vehicle returned to the center to pick up MD, a Senegalese national, who was then under 15 years old. SCP drove to the Maspalomas Lagoon and, in a nearby open area, CTM, according to the prosecution's statement, sought to satisfy her sexual desires. The prosecution's version of events recounts that the woman kissed the minor and touched his genitals under his clothing without his consent, also uttering a sexually explicit phrase; these acts allegedly occurred in the presence of the young girl, SRT.
In another part of the scheme, CTM contacted FB, an adult resident of the center, via WhatsApp, and during a video call took screenshots of his genitals and an image of him in his underwear. After propositioning him for sex and receiving a refusal, the prosecution maintains that CTM disseminated these images among several migrants at the center with the intention of violating his privacy.
The prosecutor's document also includes medical data on CTM: mild intellectual disability and associated sociocultural deprivation, with a recognized mental disability of 65%, circumstances which, according to the Prosecutor's Office, imply a moderate and permanent decrease in his cognitive and volitional capacities and which justify the concurrence of the incomplete exemption of mental anomaly.
The prosecution classifies the events as a continuing offense of exhibitionism and sexual provocation with respect to the minor SRT; a crime of sexual abuse of a minor under sixteen years of age with respect to MD; and a crime of discovery and disclosure of secrets with respect to FB. It attributes authorship and complicity among the three defendants and requests the Court to impose sentences that include imprisonment—between four months and one year and nine months depending on the offense and the accused—, fines, restraining orders, deprivation of parental rights, professional disqualifications, and supervised release measures for periods of three to six years.
The document also demands compensation: €5.000 for the minor SRT, €5.000 for MD (to be paid by CTM and SCP), and €2.000 for FB (to be paid by CTM), plus applicable legal interest, and requests that court costs be imposed. It is now up to the Court to decide whether to open the case to trial before the Provincial Court, where the facts and the criminal and civil liabilities that the Public Prosecutor's Office attributes to the defendants will be determined.
