A guard at the Ramón y Cajal hospital has been sentenced to 13 years in prison for sexually assaulting and providing drugs to a psychiatric patient at the center in 2021. The events occurred in a stay of the 18-year-old girl due to an acute episode in the one who had tried to commit suicide. According to the resolution, the convicted man gave cocaine to the victim on several occasions and entered the girl’s room to “satisfy her desires.” The victim had been in psychiatric treatment since she was 13 years old. The sentence also condemns the Community of Madrid to pay 10,000 euros to the affected party as subsidiary civil liability.
Specifically, the court imposes this guard, then 40 years old, to serve seven years in prison for a crime of continuous sexual abuse (covered in the law prior to that of the only yes is yes, when the events were committed) and another six for a crime against public health, as requested by the private prosecution filed by lawyer Juan Manuel Medina, for giving cocaine to the girl. The ruling also prohibits him from carrying out any work near minors, nor from approaching the victim at less than 500 meters for the next eight years.
“At no time was it consensual, I felt a blockage”
The sentence considers it proven that on April 29, RL offered drugs to the patient, taking advantage of the fact that no one saw them. Previously, the convicted man had bought him cigarettes and given him a cell phone, something prohibited by hospital rules. That day the first sexual assault occurred. The following night, the man entered the patient’s room and the events were repeated, after which the accused again gave cocaine to the girl, who at that time was in a “serious psychopathological situation.” The man had worked as a guard at the hospital since 2007.
When the guard gave the girl a cell phone, he used it to message her and he wrote to her that “it was a dream” and that he loved it. The accused claimed in his defense that it was the girl who invited him into her room, that she was very “mellow” and that in the end she “fell.” She, however, recounted at the trial, via videoconference, that at that time she was “very bad and unstable” and that she again attempted suicide after these events. “At no time was it consensual, I felt a blockage,” said the affected person.
“The accused had to take extreme care of the patient and firmly monitor her observance of the rules necessary for her favorable evolution, instead of flagrantly failing to comply with such rules and consciously abusing her mental situation, which made her vulnerable, for sexual purposes. “, reads the court ruling.
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The day after the attack, the girl refused to eat and ended up telling what had happened to a nurse on the ward, who reported the incident to management. “I did not ask the girl if they had been consented or not because she does not enter my head, in a plant like this I cannot conceive of consent,” this witness firmly stated. “We are health personnel, you have to be professional and know where you are,” he stressed.
“The inmate injured herself that same morning by scratching her arms, a self-injury carried out as a means of anxiolytic and self-flagellation, requiring the administration of rescue medication. “It is ruled out that the inmate reported the situation in the context of a plan to harm someone in the unit,” the sentence states.
The experts at the trial confirmed that the patient’s psychological alteration could have been affected by these events and confirmed that the victim’s story was “coherent and congruent.” A urine analysis confirmed that same morning that the young woman had consumed cocaine and a medical examination confirmed that there were traces of the accused’s DNA on the girl’s body.
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