The Barcelona Court has confirmed the sentence of a fine of 6,000 euros to footballer Hugo Mallo for touching a woman who worked as a mascot for RCD Espanyol during the greeting prior to the match between this club and Celta de Vigo in April 2019 at the RCDE Stadium in Cornellà de Llobregat (Barcelona).
In its ruling, the 8th section of the Barcelona Court rejects the appeal presented by the footballer and confirms the fine, compensation of 1,000 euros to the victim and payment of the costs to the athlete that the criminal court decided 19 from Barcelona.
The higher court supports the criminal judge’s assessment of the evidence in the case and concludes that “there is sufficient evidence to refute the presumption of innocence” of Hugo Mallo.
The judges give full credibility to the victim and rule out that the Espanyol employee reports the abuse “as a result of fabrication or suggestion in the construction of her story or that it was due to spurious intentions or other interests.”
Together with the victim’s story, the statements of other witnesses and the images of the events lead the judges to conclude that Mallo touched the employee’s breasts without her consent in an act of a sexual nature.
This statement, together with “other means of evidence, peripherally corroborate his story, making it clear from all of this that the act of a sexual nature, the touching of the victim’s breasts, carried out by the accused with his hands, occurred without her consent.”
The court concludes that “this entire body of evidence supports the veracity of the story offered by the victim whose story has remained substantially unchanged from the date of the events until the oral trial.”
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