Supreme Court affirmed San Sebastian photographer Kote Cabezudo was sentenced to 28 years and two months in prison for sexually assaulting, harassing and committing child pornography to seven models at Guipúzcoa.
The Criminal Division granted a sentence, dismissing the photographer’s appeal against the Guipúzcoa State Court’s decision convicting him of a crime.sexual assault, another sexual abuse, six child pornography and two scams.
Moreover, court approved compensation of 116,000 euros to victims and remember that the maximum valid time in jail is 20 years.
The judgment clarifies that in this case only the application of the yes law is not appropriate and that it would be harmless in any case. the reductions that the convict is interested in, the maximum compliance in a penitentiary will not change.
Photographer denied existence of child pornography offense in appeal, Given their social recognition in San Sebastián, claiming that the models knew their parents’ professional work, that the photographs were taken from an artistic point of view and without any sexual purpose, purely sensory and aesthetic, and were taken with their express and prior consent.
However, the court found that the photographs, Not only nudes, but also more candid close-ups directly affect the definition of child pornography.
“Primarily sexual intent blurs any professional or artistic connotation”Adds room.
In the event that similar photos are found on the web pages published by the accused, the Chamber states that this purpose is also approved and makes the following warning: “Disclaimer: All models are over 18 years old.”
The room is also accredited sexual assault against one of the victims, for whom he recorded video and photographed while performing sexual practices.
Whether it is a contract or not, he has shown his attitude towards sexual intercourse by ignoring his attitude towards sexual intercourse even though he initially consented, by overcoming it by force. “Even though he was the director of the filming and consented to the actions, the fact that he tried to push her away with physical pressure does not distort the sexual assault that is the subject of condemnation,” he said.
Another sexual abuse yesHe states that the sentence was taken by another model, who was photographed nude and the photographer stuck his fingers in her genitals.
“It is true that the model continues to go to the photo shoots, but she has also shown verbally and financially that she is against these touches. They have neither consented to this finger sticking before, nor can it be understood that they consented, on the contrary, he showed that he was against this practice, and yet the accused practiced it”.finalize the judges.