Ten months in prison for four civil guards from Noia who humiliated a colleague with homophobic comments
Expressions like “fagot","Maripili","the woman of the post"Or"death to fagots» were the ones that a civil guard from the barracks in the Coruña town of A Coruña had to listen to on a daily basis. Girl. It happened for four years, from his arrival in 2010 until 2014, when he took an anxiety leave.
Now, Room V, of the Military, of the The Supreme Court has ratified the sentence of 10 months in prison to four civil guards (one of them a first corporal) for the harassment and humiliation to which he was subjected for years. He received insults, jokes, nicknames and homophobic and derogatory comments, both about his appearance and his professional worth.
The high court ratifies the sentence of the Fourth Territorial Military Court (based in A Coruña) and considers the four accused perpetrators of a consummated crime of abuse of authority, in its form of professional harassment or serious attack against personal dignity at work or carrying out acts that involve discrimination based on sexual orientation, applying the mitigating factor of undue delay .
«Up Spain and death to the fagots«
The first corporal went so far as to say that «fagots shouldn't be in the Civil Guard","death to fagots","above Spain and death to the fagots","I'd rather have a dead son or a drug addict than a fagot«, indicate these proven facts.
The ruling completely rejects the appeals filed by the four convicted and establishes the subsidiary civil liability of the State in the compensation of 10.000 euros recognized to the victim for the psychological and moral damages suffered.
The high court underlines the “constant harassment and humiliation"of the victim"with insults, jokes, nicknames and homophobic and derogatory comments, both regarding their appearance and their professional worth”. The insults alternated, it is collected in the text of the court, with mockery about "poor professional skills” of the attacked, who was also branded as “useless, lazy, incompetent and unprofessional”. Even, according to the sentence, those now condemned did "comments to the public about the low professional value” from the guard.
The Supreme Court confirms the sentence of 10 months in prison to four civil guards for humiliating a colleague for years with homophobic and derogatory comments https://t.co/zokGq0PsNf
— Judicial Power (@PoderJudicialEs) May 31, 2022
ten months in prison
The convicts appealed claiming that their right to the presumption of innocence had been violated because there was insufficient evidence against them, but the Supreme Court considers that the statements of the victim and the witnesses, who corroborated their version «propping up your credibility", are "firm, persistent and forceful«. Therefore, he maintains the sentence adten months in prison as perpetrators of a completed crime of abuse of authority.
This situation continued until in 2014 the victim suffered an anxiety crisis. Since then, she continues to be discharged and receiving psychological and psychiatric care for presenting «a chronic and complex condition of long duration, diagnosed as a severe mental disorder«.
