Twenty-four minors identified and investigated for various reasons for aggravated sexual violence committed against two twelve-year-olds, as well as for the production, possession and dissemination of child pornography material. This is the result of the complex investigation by the Cybernetic Security Operations Center of the postal police for Tuscany, coordinated by the Florence juvenile prosecutor’s office, triggered by the complaint presented by the mother of one of the boys after having found on the son’s cell phone a group created on WhatsApp, on which two videos would have been circulated depicting two minors of about 12 years and a young man during sexual intercourse
The investigative investigations carried out on the films by the Postal Police of Florence in the context of the operation called ‘Last movida’, have made it possible to highlight the background voices of other minors, who, with a clear Tuscan accent, incited the protagonists to perform sexual acts and have made it possible not only to identify the two minors depicted in the videos and the perpetrators of the shooting, but also to reconstruct the whole story, bringing out a much more serious and complex picture than assumed at first. According to what has been reconstructed, in fact, the films would have been recorded on the occasion of a New Year’s party held at the home of a fourteen year old, creator of the event, as well as protagonist of the videos. The party was allegedly attended by 17 minors (9 boys and 8 girls), almost all of the same age, with the exception of two girls of just 12 years of age, to whom the organizer suggested that they not reveal their age to the other participants.
The investigative findings emerged, among other things, from the searches carried out against the suspects, from the technical analysis of the smartphones found in their availability, from the protected hearing of the other minors present at the party and from the hearing of the two twelve-year-olds at the scene of the accident evidence, have allowed us to reconstruct in detail the organization and conduct of the party, as well as what happened in the following days. In particular, from the analysis of the messages exchanged in the chat, probably created on the occasion of the party, it was deduced that all participants were aware that the event would be characterized by the consumption of alcohol, drugs and sexual intercourseso much so that they would have previously agreed on who would be in charge of obtaining the hashish and marijuana to smoke during the evening and buying spirits and condoms.
In this context, all the participants, probably uninhibited also due to the effect of super alcoholic drinks and drugs, would have engaged in promiscuous sexual relations, either by withdrawing to private places in the house, or in common places, in the presence of the other guests. According to the reconstructed some minors allegedly performed sexual acts with the two twelve-year-olds, abusing their condition of psychic inferiority, deriving from their very young age and from the intake of alcohol and drugs, while they would have witnessed the scene, documenting it with photos and videos, which would later be disclosed by the other party participants on instant messaging platforms, becoming “viral”. In fact, the videos were allegedly received and viewed by numerous other peers of the protagonists, who, just as lightly, regardless of the damage they could have caused to those directly concerned and any criminal consequences, would have in turn shared them with others.
At the conclusion of the preliminary investigations, the Public Prosecutor’s Office at the Juvenile Court of Florence assumed the crime of sexual violence aggravated by the age and psychic inferiority of the victims against six participants in the party, as well as the crime of production , detention and disclosure of child pornography against three other participants. With regard to sexual violence, it is useful to specify that the law considers sexual acts between minors non-punishable only if freely committed and where the younger of the two is at least thirteen years old at the time of the fact, provided that the age difference between the two minors does not exceed four years. The crime of disclosing child pornography has also been hypothesized against 15 other boys, who, although unrelated to the events that occurred during the party, according to what was reconstructed by the investigators, would have subsequently contributed to disclosing the videos produced in that context, facilitating its diffusion.