April 15, 2021

A court recognizes the permanent disability of a woman who was raped 22 years ago because of the psychological consequences | Society

A court recognizes the permanent disability of a woman who was raped 22 years ago because of the psychological consequences | Society



A call to the bell or to meet someone on the stairs causes terror, even panic attacks that prevent him from going out. And so the last 22 years. It all started in 1997, when it was kidnapped and raped for a man who had just gotten out of jail. The Superior Court of Justice of Castilla y León has just recognized in a pioneering sentence to this woman, who today is 51 years old, the disability due to the psychological consequences that that trauma left her and considers that since then she has been suffering from a "psychic calvary".

The ruling recognizes that the victim, who worked as a farmer on behalf of another, has a "psychological affectation" resulting from sexual assault 22 years ago, when she was kidnapped and raped by a citizen who had just been released after murdering two people. Since then he receives a continuous treatment that produces "significant interference" in his personal, social and family life.

The aftermath of the violation determines "a functional limitation that prevents him from carrying out any work activity efficiently and in accordance with the minimum requirements that are essential", according to the ruling of the High Court. The "post-traumatic anxiety" that he suffers presents "both in physically demanding jobs and in sedentary ones, as it is not a physical affection but a psychic one".

The woman knew in mid-2017 that her attacker was going to be released and that accentuated her post-traumatic symptomatology and anxiety. In December 2017, a lawsuit was filed in the Social Court 1 of Zamora after unsuccessfully requesting permanent disability in Social Security in July.

The lawyers of the Social Security tried to convince the room that the woman could carry out "with full effectiveness" the work in the field and asked that it be declared that she could "develop all kinds of sedentary or light works". The court of Zamora recognized, however, the right of the victim to that permanent withdrawal – whose regulatory base is 669, 19 euros – and the Superior Court of Castilla y León has just ratified it.

The judge considered proven that the woman follows a treatment of the Mental Health Psychiatry Services and another one of the Psychology of the Health Service of Castilla y León since 1997 and that the picture of acute post-traumatic stress disorder gave rise over time to a chronic disorder .

This effect prevents him from "carrying out any work activity efficiently and in accordance with the minimum requirements that are essential in any profession", according to the ruling, both in physical demanding jobs, such as agriculture, and in the most sedentary. An appeal may be lodged against this decision.

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