The Provincial Court of Madrid has sentenced the worker of a residence in the capital who sexually abused a 94-year-old woman to two years and two months in prison and has imposed a restraining order of five years.
In addition, the court disqualifies the convicted person for three years from carrying out his profession as a nursing assistant and for any other activity that involves contact with minors, since his work "encouraged and facilitated the commission of the crime for the defendant," the sentence made public emphasizes. this Tuesday.
He will also have to indemnify the victim with 3,500 euros as compensation for the moral damage caused by the attack on his sexual freedom.
The penalty, aggravated by the vulnerability of the elderly woman, is established in accordance with the wording of the Criminal Code prior to the approval of what is known as the law of only yes is yes, in force when the events occurred and more favorable to the prisoner.
In the trial, held on February 2, the elderly woman confirmed that the man touched her chest and pinched her nipples, while the defendant, for whom the Prosecutor's Office requested three years in prison, denied the facts, although he acknowledged that he could make "mistakes" because of their inexperience.
The magistrates affirm in their order that the victim was "clear when it came to defining the defendant's conduct to which he attributes an unequivocal sexual meaning" and that, despite the denial of the crime by the residence worker, it is the version of the complainant who manages to convince the court.
The events occurred in August 2019 in a private residence in the Madrid neighborhood of Pacífico, when the employee had only been working there for one day.
At bedtime for the residents, he entered the woman's room, "put his hand under her nightgown" and groped her on both breasts for "a long time", according to the old woman, who was 94 years old at the time. .
The victim's daughter recalled during the trial that, according to what her mother told her after the events occurred, the defendant "made comments about her breasts" and that her mother "cried every time she talked about what happened."
For his part, the author of the abuse denied "having touched her nipples or having made comments about her breasts" and alleged an "inexperience" that could have led him to make "mistakes", since he was "behind and nervous" in what was his second day of work.
