Recognize the facts in the investigation process, compensate the victim with 6,000 euros and take a sex education course. It is the only penalty for a man for threatening, sexually assaulting and beating his worker in the Murcian municipality of Mula, a day laborer hired through a temporary employment company to pick apricots on the farm where he was in charge at the time. .
The individual will not go to prison after picking up his employee and taking her from the town of Archena to a farm in Yéchar, in Mula, where he intimidated her into keeping quiet if “she didn’t want problems”, beat her and raped her. After finishing the attack, he threatened her not to say anything: “No one is going to believe you. If you say anything about this, both you and your countrymen -of Paraguayan origin- are going to lose your job”.
Due to the abuse, the woman suffered multiple injuries and had to be treated at a hospital. Despite her threats, she decided to denounce her aggressor, where a duty judge sent him to six months in preventive detention.
The events occurred on May 14, 2019. Now, an agreement between the Prosecutor’s Office, the private prosecution and the defendant’s defense suspend the initial sentence. The private accusation demanded a sentence of two years in prison, the prohibition to approach the victim less than 500 meters from her home or place of work for seven years; and, finally, probation for a period of five years. The victim’s lawyer stated that he had received prior to the trial “all the civil liability that he claimed, amounting to 6,000 euros, and the legal costs”.
Subsequently, the defendant’s lawyer requested that his prison sentence be suspended as it was his first crime on the date he committed it, and considered that the execution of the sentence was not necessary to avoid the future commission of new crimes by the prisoner. .
After this, “once the criminal record was collected, in the absence of civil responsibilities since neither the prosecutor nor the private prosecution opposed, the Chamber agreed on the spot to grant such benefit.”
Judges can only “obey”
A similar agreement took place on July 26 in Estepona, where two policemen will not set foot in jail after having been sentenced to two years in prison and disqualified from being a police officer for the duration of the sentence, in addition to other accessory penalties such as the prohibition of approaching less than 500 meters from the victim. The Provincial Court of Malaga has condemned them as perpetrators of a crime of sexual abuse, as a result of an agreement between the Prosecutor’s Office, private prosecution and the convicted, that the judges can only “abide by”, according to judicial sources. There was no trial thanks to this settlement. Later, he has granted them the benefit of suspending the execution of the sentence.
The magistrates base it on the fact that no one opposes the suspension, that the abusers have already compensated the victim and on the “low probability” that they will repeat the offense. But the president of the section himself, in a dissenting opinion, rejects this criterion: he believes that these facts, on the contrary, reveal a “pronounced criminal dangerousness in their authors”, who carried out a “very planned action” as public servants. .