The Supreme Court has decided to confirm a sentence of 2 years and 9 months in prison for a pharmaceutical colonel for sexually abusing one of his subordinates. The soldier, who was working at the Gómez Ulla Central Military Hospital in Madrid at the time, kissed a nurse lieutenant without her consent and then touched her and sent various messages to her mobile phone. In addition to serving a sentence, he will have to compensate the victim with 5,000 euros.
The Supreme Court confirms the conviction of a military man who threatened by letter to Alberto Garzón with a coup d’état
The events, as declared by the Justice firm, occurred in July 2019 at the Gómez Ulla pharmacy. The accused was the head of the Pharmacy Depot of the Defense General Health Inspection and the victim was a lieutenant in the emergency service. Over the course of a year, the two established a friendship relationship similar to the one the colonel had with the rest of the workers and without ever being outside the facilities or outside the context of work.
The first attempt of the colonel took place when, one day, he tried to kiss the lieutenant on the mouth when they went to kiss two good-byes. Later, at the end of July, the most serious episode of abuse took place, when the lieutenant went to a basement together with her superior to pick up some expired containers of sunscreen. It was at that moment that her superior “put his hand on her buttocks and kissed her on the lips” saying that he loved her. He tried again when she tried to escape. “The lieutenant was shocked,” says the Supreme Court.
She left there visibly affected, although she re-entered the colonel’s office when she was called. He did so, according to the Justice, thinking “that what his superior wanted was to apologize to him.” But once inside, the touching began again and the colonel “took hold of her again, kissed her again on the mouth and touched her genitals, above her clothes.” He left there and after telling several colleagues what had happened, he decided to report five days later.
The military chamber of the Supreme Court has just confirmed the sentence imposed by the Central Military Court: 2 years and 9 months in prison for two crimes in competition of abuse of authority and sexual abuse. The conviction implies that he will have to enter prison since he is more than two years in prison and also that he will have to compensate his victim with 5,000 euros. He is also suspended from employment for the duration of his prison sentence pending to know if this final sentence will eventually lead to his expulsion from the Armed Forces.
“I tried to act like a gentleman”
The Supreme Court, with magistrate José Alberto Fernández Rodera as rapporteur, rejects all the arguments of the accused and understands that the Central Military Court made “exhaustive considerations” on all the evidence: the testimony of the victim, that of several witnesses and the messages apology that the Colonel sent to the Lieutenant’s phone after the fact. She told him by message that “his forced kisses and groping disgusts me. The worst thing that he has used his graduation knowing that I will always be the one harmed.” He replied that “a thousand pardons. It will not happen again”.
The apologies disappeared when the matter turned into an investigation with a trial perspective. The Colonel denied the expressions of sexual content that he had ever made, acknowledged that they had kissed but only once and in a consensual way and even wanted the robed judges to believe that the victim was him. “I tried to behave like a gentleman,” he told the court, while adding that everything tried “is about a plot to impute me.”
Among her defense arguments was to accuse the Lieutenant of incurring in “narrative inventiveness” pointing out that it may be that she then had a partner or “because she is undergoing psychological treatment. persons of the same sex. “The magistrates of the fifth chamber of the Supreme Court echo the arguments with which the Military Court rejected these allegations:” There could not have been a conspiracy, since the Lieutenant referred, immediately and subsequently, what happened to four different people, who there is no record of knowing each other, at least all of them, and who, in two of the cases, were not his friends, but had a doctor-patient or hierarchical superiority relationship with one of them. ”
They also explain that the events have been correctly classified as crimes of sexual abuse and abuse of authority. The classification is correct since “there has been an act of sexual abuse by the superior (a colonel) on a lower officer in employment (a lieutenant), violating two legal rights, discipline and the sexual freedom or indemnity of the victim.”