The Supreme Court Chamber has confirmed the sentence to a year in prison imposed on a soldier for a companion of the same range, which he came to offer money to have sex with him. According to the judgment issued by the Fourth Territorial Military Court, based in A Coruña, and now confirmed, since the military joined the Troop Formation Center, in March 2022, the conviction began to make sexual insinuations, made comments to other military of the type “What good is” or “Go ass”, changed places to approach her and sought her proximity and physical contact.
Through the WhatsApp application I sent you personal messages and gift photos that she intended to do and she always rejected, to the point that she came to block her, according to the sentence. “The soldier let her know her discomfort and opposition to these behaviors, asking her to leave her alone, but the aforementioned behavior remained virtually unalterable from March to October 2022, except for a short period of approximately one week,” he adds.
On one occasion, she was doing cleaning tasks that had entrusted, “came to offer money to perform domestic tasks at home and ‘something else’, in a clear sexual hint. At another time, he came to show 50 euros in metallic to the soldier in exchange for sexual favors, ”he adds.
During the realization of an exercise, which demands the continuous coexistence of the members of the unit for several days, the convicted “carried out various behaviors characterized by the intensity and persistence of the approach or physical contact that it intended to maintain with respect to the soldier.” Finally, “when a similar situation is repeated the next day, on October 26, by no longer supporting the situation, the aforementioned soldier decides to put the facts to the knowledge of her controls, activating the protection measures against the harassment planned in the field of the Army of Earth,” adds the sentence.
The Court emphasizes that these facts, “suffered by the soldier for several months in a virtually continued way, generated a situation of fear, anguish and anxiety” in the victim, “that he had to change his habits or his behavior daily so as not to coincide with the soldier, not being able to focus on his daily work.” He adds that, “although he did not require psychiatric treatment,” he did go to the psychologist of the unit and was recognized in May 2023 by doctors from the Institute of Legal Medicine and Forens
He emphasizes that the soldier acted “with full knowledge of what he did, so there is no doubt about the existence of intent.” And rejects that its right to the presumption of innocence has been violated, since the principle of In doubt for the accused (In case of doubt, in favor of the accused) it applies when the court has doubts “and in this case he has not shown any.”
Consequently, confirms the condemnation of the soldier to a year in prison, with the accessory of military suspension of employment and special disqualification for the right of passive suffrage (to be a candidate for a public office of election), as well as the payment of compensation of 5,862.72 euros to his victim.
