The guard at Madrid’s Ramón y Cajal hospital who raped a psychiatric patient in 2021 will have to serve 9 years in prison for continuous sexual abuse and another six years for providing cocaine to the victim so she could access his sexual desires. This is what the Superior Court of Justice decided in a judgment which rejected the appeal filed by the guard. The TSJM does not see no animosity on the part of the victim, nor that his testimony was false. “There was exploitation by the appellant of the psychopathological state in which the victim found himself.”
Furthermore, the Court considers that the accused provided drugs to the victim to satisfy his sexual desires even though he was aware that this would harm the victim’s condition. psychiatric patient who was then 18 years old. Contrary to the appellant’s defense, the court ensures that there is not a single piece of evidence which confirms that the young woman was a drug addict before the events, quite the contrary.
Legal representation of the victim in the hands of the lawyer Juan Manuel Medina remembers that “the guard had the duty to monitor and protect the patient, admitted for several suicide attempts, and ignoring this serious situation, he offered her a telephone, cigarettes and cocaine to maintain relations with the victim “.
This is how the events happened
In the proven facts of the sentence, it is reported that on April 29, 2021, taking advantage that at that time the rest of the staff were not in the ECT (electroconvulsive therapy) area and that as before, and against the ban on the unit, he had given the young woman two cigarettes as well as one of his two cell phones, the defendant suggested. the internal patient to consume with him cocaine.
According to the sentence, “they did so, then he started touching her, lifting her shirt, exposing her breasts, touching them and lowering his hands and touching her inside her clothes, touching her genitals, then making her bend over and perform oral sex on him Likewise, he gave her another dose of cocaine for later consumption, which the victim carried out on the morning of the same day, April 29, 2021.
On May 1, the accused, around the same time in the morning and motivated by his sexual desires, entered the victim’s bedroom and repeated all his behaviors from the previous days, this time achieving penetration of the young female. Before, they were going to consume the cocaine that the guard had offered them.
The sentence which confirms the incarceration of the guard recalls that the young woman was admitted to the brief hospitalization unit of the psychiatry department of the Ramón y Cajal hospital in Madrid, where the events occurred, by decision of the court since March 28, 2021, for attempted suicide, borderline personality disorder and eating disorder.
The victim had been under mental health care since the age of 13 and had already been hospitalized ten times. At that time, she was subjected to the administration of various medications for her treatment and occasionally to therapeutic immobilization, being in a serious psychopathological state. situation which made her more vulnerable.
There is an appeal against the sentence which confirms the guard’s 15 years in prison before the Superior Court of Justice of Madrid.
