Justice confirms seven years in prison for abusing a domestic worker: "You are black and I am Spanish"
The Superior Court of Madrid has decided to uphold the sentence of seven years and one day in jail imposed on a man who sexually abused several times from the woman who worked as an intern in her home as a domestic worker. The messages and recordings show that the convicted tried to prevent the woman from denouncing him using racist arguments and threats. "No one is going to believe you if you report, you are black and an illegal immigrant and I am Spanish," he told his victim during one of the episodes. Only the Supreme Court can now prevent her entry into prison after the defendant's defense has announced an appeal before the second court.
The facts, which were revealed by elDiario.es last April, they occurred in Madrid between April and May 2019. The accused contacted the victim through an internet advertisement in which he offered his services as a domestic worker. Recently arrived from her native Peru and without help to take care of her young children, the woman agreed to work in the defendant's house as an intern in the capital. The first abuse took place shortly after starting work. "How delicious you are," said the abuser while she served him food. A few days later, she did the same thing to him again, took away his cell phone and passport and said: "No one is going to believe you if you denounce me, you are black and an illegal immigrant and I am Spanish."
The woman could not leave the house, she did not have a passport or documentation and, in addition, she was forced to shower with the door open so that the accused could masturbate. The judges who sentenced the case in the first instance had no doubts about what led the victim to submit to this sexual harassment. "She did it given her illegal situation in Spain and fearing losing her job", something that the accused "took advantage of for his benefit", according to the sentences of the case. She even threatened the victim with leaving her "stranded and penniless" in Fuengirola, during a work trip, if she did not dance naked for him. She did it "while she was crying".
The case came into the hands of the Police when the defendant, in May 2019, approached the victim when she was getting out of the shower while saying "I want to smell your pussy and suck my dick". The woman, during the struggle, managed to call the police and received the agents half naked and barefoot. One of the agents recalled during the trial and recalled that it was not the first time they had to go to this man's house for similar events.
The Provincial Court of Madrid imposed a sentence of seven years and one day in prison for a crime of sexual abuse and a fine of 540 euros for a minor crime of injury. A sentence that has just been confirmed by the Superior Court of Justice of the region after rejecting the appeal of the abuser. This implies that his only option to avoid entering prison is to take the case to the criminal chamber of the Supreme Court and try to have his sentence revoked, which, being seven years in prison for a single crime, would imply his mandatory entry into prison. the jail.
The judges of the civil and criminal court, with María Ángeles Barreiro as rapporteur, reject, for example, the argument that some evidence, such as the recording of some of these abuses and their conversations with the victim's telephone, were null. "The files contained in the memory device (pen drive) are not null, because the original file and the device from which it was produced are not available," says the TSJM. She also adds that "the authenticity and integrity of the recording is not in doubt" as an argument to ratify his conviction.
The judges also have no doubt that the woman was poor and in great financial need and that the defendant "took advantage of the situation of being her employer" to, for example, demand that she dance naked for him during a trip. of work to the province of Malaga. In addition, the medical reports reflect the existence of the same injuries that she reported having suffered from the defendant during the struggles.
Justice, therefore, discards for the second time the multiple versions that the defendant has offered throughout the process. At first, she said that the encounter with the victim was casual at the Cuatro Caminos roundabout and that she had contacted him later. Later, he changed her version and claimed that the two were in a relationship and that she used her phone to send sexual messages to herself.
The Court of Madrid described her exculpatory version as "absurd" and explained that this alleged sentimental relationship is "incompatible with the recorded conversation." At the police station, before the Police, he stated that she sent him intimate messages but that he could not show them because "they did not I knew the pin number of the mobile.” Those supposed messages never appeared.
The various pieces of evidence in the case reveal that this was not the first time that the National Police had gone to the home of this defendant for similar events. A neighbor, who was accompanying the victim at the time when she fled the house, told one of the agents that it was not the first time something similar had happened. Later, during the trial, another of the police officers who came to help the woman also said that it was her second visit to the accused's house for alleged sexual abuse of an inmate. The sentences do not reflect whether this previous case also resulted in a judicial process.