Woman in Eibar sex tape files complaint against Enrich & Luna
After recent changes, the punishment under Spanish law for distributing such content without full consent is set at three months to one year in jail
Sex scandal rocks Eibar
The release of the video showing two Eibar players, Sergi Enrich and Antonio Luna, involved in sexual acts with a young woman unleashed a storm across the country and further afield after it went viral on the internet. What would have been a typical training session for the team has this morning turned into a rather unusual media hotspot. The woman involved has filed a complaint with the Ertzaintza - the Basque police force - against both players, for the damage to her image by releasing the video without her consent.
The recording was reportedly made around a year ago and yesterday, following the furore, the players came out to apologise saying that they regretted "the potential damage [not only] to our image, but in particular to that of the club". The club does not intend to issue any statement on this issue. Manager José Luis Mendilibar has decided not to select either player for the friendly this afternoon in Lerma, to keep them from the media noise, although there is no indication that they have been dropped from the team.
Law changes and legal implications
Up to 1 July 2015 in Spain it wasn't an offence to circulate images (photos or videos) of an intimate nature, if these had been licitly obtained (that is if they had been taken or recorded with the consent of the person pictured). This lack of provision in the law effectively gave carte blanche to perpetrators of what is often called 'revenge porn', where images or videos have been taken with a consenting partner and only later circulated, often after the breakdown of a relationship.
However under the new criminal law in Spain it is now a criminal offence to distribute, reveal or pass to third parties without the consent of the person affected, images or videos obtained with the consent of the person affected, when their circulation would be a serious breach of that person's privacy.
The punishment for the offence is set at three months to one year in jail.