The Palma Court’s Second Division handed down a sentence of one year and nine months in prison for a man who engaged in obscene exhibition and exposed pornographic material to his ex-partner’s five-year-old son while at the child’s home. In the ruling that aligned with the initial decision of the German court that tried him in the first instance, the court accepted the prosecutor’s objection and determined that the sentence should fall between nine months and one day and twelve months. Nevertheless, the defendant will not serve time, because the sentence was suspended.
The incidents were brought before the Via Germany Courts in November of the previous year, tracing back to 2016. The man now convicted had had an affair with the child’s mother, a relationship that began and ended in early 2017 but then continued intermittently through 2018 before ending again at the close of that year.
During those years the man often stayed at the home by himself when the child’s mother was away, a situation that allowed him access to the boy without supervision. The court found that on many occasions the adult was alone with the boy and displayed inappropriate material. He showed the child videos featuring naked men and women on his cellphone, and these clips included both heterosexual and same-sex content involving young adults.
In meetings with the boy, the mother’s partner pressured the child to keep these experiences secret, urging him not to tell his mother. This pattern of coercion contributed to the court’s assessment of the offender’s conduct as particularly harmful and deceptive, reinforcing the need for a punitive response that reflected the severity of the actions.
Emotional consequences
The conduct extended beyond mere viewing of pornographic material. The man’s behavior included approaching the boy while naked, exposing himself, and touching his own body in front of the minor. These acts were judged by the court to constitute a serious violation of the child’s safety and well-being and were pivotal in the decision to increase the sentence from six months to nine months and one day.
The child experienced emotional trauma as a direct result of the ongoing exhibitionism by the adult in the boy’s presence. The court noted symptoms such as fear, anxiety, and nightmares, which underscored the lasting harm caused by the offender’s actions and helped justify the lengthened sentence.
The prosecutor had initially asked for a two-year prison term for the defendant. A separate legal advocate requested three years on the defendant’s behalf. Ultimately, the court settled on one year and nine months; even though the sentence was imposed, it was suspended, and the offender was not required to serve time in prison. The defendant was also ordered to pay 3,000 euros in compensation to the mother of the minor child, addressing some of the material harm caused by the misconduct.