THE Court of Jaén condemned six months in prison and 420 euros good to each of seven accused who sat this Monday on the bench of the Third Section as authors of the physical and verbal aggression which suffered in 2023 a man homosexual 52 year old, who was thrown into a fountain and urinated on while people shouted at him “we don’t want fags here!”
The defendants, aged 28 to 36, admitted their participation in the events in court, having pleaded guilty and they accepted the sentence proposed by the prosecution, which initially reduced its request for conviction once the seven defendants had already jointly paid in court the 2,800 euros for which they were claimed compensation to the victim for the moral and physical damage caused. In this way, the Public Prosecutor’s Office gathered for each of them the mitigating circumstance of compensation for the damage.
The aggression
The events took place on July 17, 2021. The victim attended the opening of a new pub in Jaén, returned home and, at dawn, came out to buy ice. On the street he met a young man who he asked if he knew where to buy it, and he replied that there was no need to go to a store because there was a place nearby. . a group of young people drinking alcohol. All he had to do was have a drink, we would give him ice.
So he went home, took the drink and went to the square where the group of young people with whom he had come to have a drink was. After a while he went to buy tobacco and the aforementioned young man accompanied him. After 15 minutes, they returned to the square and one of the group scolded the man with bad words and intimate comments. The rest of the group did the same, starting to shout and insult him with allusions to his sexual condition.
Immediately afterwards, they tore off his shirt and thrown into a fountainthe victim hitting his back against one of the pipes. When he was finally able to leave, they threw buckets on his headdrinks and “all kinds of filth” while they made fun of the man, and even urinated on him while shouting “You’re a faggot!” and “we don’t want queers here!”
According to the qualification document of the prosecution, collected by Europe Pressafter the “hostile and humiliating” behavior» from the accused, the man, “ashamed and afraid”, fled towards his house while the accused chased him. Fortunately, he was able to return home safely.
The prosecution indicates in its brief, and the accused have admitted, that the attack took place “only because they don’t admit people who have a certain sexual orientation“, that’s why they decided to “humiliate and humiliate him.”
In its time, aggression was publicly condemned by the Jaén City Hall and by the territorial delegation of the International Human Rights Foundation in the province of Jaén.
The conviction
Thus, the Jaén court sentences the seven defendants to six months in prison and a fine of 360 euros as perpetrators of a crime. hate crimeto which are added an additional 60 euros fine as authors of a minor injury offense. In addition, as accessories, they are subject to a specific ban for seven years from exercising the educational profession in the field of teaching, sport or free time.
On the other hand, two of the accused also received an additional year in prison and an additional 360 euros fine for an offense of obstruction of justice. An eighth defendant is also sentenced to one year in prison and the same fine as the perpetrator of the same crime. In this regard, the Prosecutor’s Office emphasizes that a few days after the attack, these three people approached the victim and a witness to the events to warn them that If they spoke, they would be in ‘serious problems’.
The first attempt to judge this case took place more than a year ago, on November 2, 2023, but the public prosecutor and the private prosecutor requested the visual suspension due to the non-appearance of one of the accused and a witness. At that time, the president of the court decreed search and capture order of the accused, his arrest and his entry into preventive detention. After the trial, the Court ordered his release.
