The judge who was investigating the complaint filed by Christian Lawyers for the parade of minors in lingerie during the Torrevieja Carnival (Alicante, 100,421 inhabitants) has agreed to file the case, according to sources from the Superior Court of Justice of the Valencian Community. (TSJCV).
The head of the Court of Instruction 1 of the city of Alicante accepts that the minors were wearing “clothes not at all in keeping with their age”, but remembers that the carnival is “a period of permissiveness and a certain lack of control” and explains that there is no evidence that any of the participants were “compelled to participate against their will.”
In an order signed on March 1, the judge does not appreciate “elements to penalize the commission of the crime” against sexual freedom in its form of corruption of minors that the far-right association saw in the parade, held last February .
The complaint had been filed against the Osadía troupe, and against the mayor of Torrevieja, Eduardo Dolón, and his Festival councilor, Rosario Martínez Chazarra, both from the PP.
Odisea, a troupe characterized by its transgression, devised the same costume for its adult and minor components.
The participants wore colored jackets alluding to the main political parties of the Spanish parliamentary spectrum, ties, nipple shields, lingerie, fishnet stockings and heels.
On their backs they carried a kind of flags critical of the climate of social tension fueled by all ideologies, especially on issues such as feminism or LGTBI groups.
The proposal came fourth in the contest included in the carnival program, paid for entirely by the city council.
But a video posted the day after the parade on social networks sparked controversy.
The complainant association agitated far-right users and announced that it was going to take legal measures against an activity that it considered “reprehensible.”
The investigating judge, however, does not appreciate in the parade of minors facts that allow "the formulation of an accusation based on law."
In his opinion, the parade, which he examined with documentary and graphic evidence of the event, has not affected the sexual freedom or harm of the participants, since no one was forced to participate, "nor is there any complaint against it by the parents." or guardians of minors in which they claim ignorance of the theme chosen to parade or the costume.”
For this reason, given the context in which the events and other circumstances took place, “in accordance with the principle of in dubio pro reo, related to the presumption of innocence,” the magistrate continues, he agrees to file the case because he understands that The alleged crime reported by Christian Lawyers has not been duly justified.
In his order, signed just 15 days after the filing of the complaint, the judge appeals to the festive and critical spirit of the carnivals, which in the last edition held in Torrevieja brought together more than 20,000 attendees.
The same spirit that both the entity that organizes them, the Torrevieja Carnival Cultural Association, and the mayor himself, Eduardo Dolón, appealed to in defense of the Osadía proposal.
The former showed their support “for all the groups and participants” in the event, and assured that they “will always” defend freedom.
The first mayor, who like all those who supported the controversial costume, has celebrated the filing of the complaint: “It is the first step of something that everyone understands had no further path.”
"However," adds Dolón, "we must continue to be prudent and be available to the investigations and justice, since the prosecutor's investigation is still pending and they have announced the appeal of the file."