1. 🚨 Initial Report & Seizure of Devices
When underage sexual abuse or exploitation is suspected or reported — whether it involves grooming, sexting, coercion, or physical assault — mobile phones often contain crucial evidence, such as:
- WhatsApp/Telegram chats
- Photos or videos
- Call logs
- GPS/location data
- Browser history
- Social media activity (Instagram, TikTok, Snapchat)
If the child is a victim, their mobile phone may be collected with parental consent or a court order. If the suspect is an adult or older minor, police may seize their phone under judicial authority.
Important: Victims or their guardians must never try to alter or delete content — even if it’s painful — as this can jeopardize the forensic integrity of the case.
2. 🧑⚖️ Judicial Oversight & Privacy Safeguards
Because mobile phone data contains highly sensitive personal content — especially when minors are involved — its collection and review must be authorized by a judge:
- A court order (auto judicial) is required to access private messages, photos, or app data.
- The judge ensures that only relevant data is extracted.
- If the case involves intimate images or child sexual abuse material (CSAM), the distribution, viewing, or handling of those images is tightly restricted to certified forensic professionals.
📕 Spain’s Ley Orgánica 1/2023 and Código Penal contain strict criminal penalties for possessing or distributing any CSAM — even for parents, lawyers, or reporters who share it without legal permission.
3. 🔬 Forensic Analysis (Análisis Pericial Informático)
Once authorized, mobile devices are sent to Unidad de Delitos Tecnológicos (Technological Crimes Unit) of either:
- The Guardia Civil
- The Policía Nacional
- Or the Mossos d’Esquadra (in Catalonia) or Ertzaintza (Basque Country)
Their digital forensic experts:
- Clone the phone to create a forensic image (no direct manipulation of the original device)
- Extract conversations, images, videos, metadata (like date/time/location)
- Use forensic software like Cellebrite, XRY, or Oxygen Forensics
- Identify deleted content, if possible
- Flag sensitive material (e.g., child sexual images, coercion, blackmail)
⚠️ The phone’s owner (even if it’s the victim) will not be shown the entire extraction. Instead, a judicially approved report is created.
4. 📄 Creation of a Forensic Report (Informe Pericial)
The forensic team creates a confidential, court-approved report including:
- A summary of relevant conversations or materials
- Screenshots or full chat transcripts (when required)
- Metadata proving the authenticity and timeline of events
- Confirmation that the data has not been tampered with
If the case involves nude photos or videos of minors, the report will describe the content (e.g., “minor in sexual pose sent via WhatsApp”) but avoid duplication or unnecessary exposure.
5. 🧑⚖️ Use in Criminal Proceedings
- The report is shared with the Fiscalía de Menores (Juvenile Prosecutor’s Office), the judge, and the legal teams (defense and prosecution).
- The judge may summon forensic experts to testify about the phone’s contents and chain of custody.
- Lawyers use this data to build arguments for or against allegations of:
- Grooming or sextortion
- Sharing of illicit material
- Coercion or threats
- Evidence of physical assault
📌 In cases of online grooming or threats, phone data is often the most decisive evidence.
6. 👧🏽 Victim Safeguards During This Process
Spanish law provides strong protection for minors during this entire process:
- Victims are not forced to view explicit material from their own phone.
- Interviews are conducted in child-sensitive environments like Cámara Gesell rooms.
- Lawyers and judges work to minimize re-traumatization.
- Psychological support is often provided through victim services (Oficina de Atención a la Víctima).
7. ⚖️ Legal Outcome Possibilities
Depending on the phone data and additional evidence:
- Perpetrators (adults or older minors) can be charged under:
- Article 183 (sexual abuse of a minor)
- Article 189 (child pornography)
- Article 197 (unauthorized disclosure of private content)
- Sentences range from 4 to 15+ years, with aggravated penalties if:
- Abuse was repeated or filmed
- There was a relationship of trust or power (e.g., teacher, coach, step-parent)
- Multiple children were harmed
✅ Summary Table
| Stage | What Happens | Who Handles It |
|---|---|---|
| Report filed | Phone is handed to police/judge | Police or family lawyer |
| Judicial order | Needed to analyze private phone content | Investigative judge |
| Forensic extraction | Copying and analyzing mobile data | Guardia Civil / Policía Nacional forensic units |
| Report created | Summary with metadata and screenshots | Certified digital forensics experts |
| Data presented in court | Used as legal evidence | Judge, lawyers, prosecutors |
| Victim support | Protection from trauma and exposure | Victim Support Offices, psychologists |
🧡 Final Note
If you’re personally involved in a case like this — whether as a survivor, parent, or support person — please know that you have the right to be protected, heard, and informed every step of the way.
