The Superior Court of Justice of Madrid (TSJM) has confirmed the sentence of two years and two months in prison for the worker of a residence in the capital who sexually abused a 97-year-old elderly woman, considering that a crime that "attacked the freedom and indemnity of the victim".
In the ruling of the Civil and Criminal Chamber of the TSJM, to which Efe has had access, the magistrates reject the appeal filed by José Luis R.M. against the sentence of the Provincial Court that sentenced him to two years and two months in prison, three years of supervised release later and imposed a five-year restraining order on the victim.
As these are acts committed and judged before the entry into force of the law of only yes it is yes, he is convicted of sexual abuse, a crime that since the entry into force of that rule has disappeared from the Penal Code, which criminalizes acts such as those committed as sexual assaults.
In its ruling, the Provincial Court also disqualified him for three years from carrying out his profession as a nursing assistant and from any other activity that involves contact with minors, and sentenced him to compensate the victim with 3,500 euros as compensation for the damage. morality caused by the attack on their sexual freedom.
The magistrates considered it proven that José Luís R.M. He went to work at a private residence in the Madrid neighborhood of Pacífico in August 2019 and, when he had been there for a day, he entered the woman's room to change her clothes, "put his hand under her nightgown" and touched her. on both breasts for a "long time", causing harm.
Now the judges of the TSJM confirm this ruling by not considering, as the convicted man alleged, that his rights were violated due to an error in the proven facts or an error in the appreciation of the evidence.
The sentence highlights that the old woman's testimony "is clear and does not suffer in its credibility, it lacks spurious spirit and does not suggest enmity or animosity that undermines verisimilitude," so that the version of the accused, who said that The old woman misunderstood him and that he had no experience in the work he did.
He adds that the woman suffered from a mild cognitive disorder, but that "does not prevent her from being aware of reality," and it was also proven that she suffered post-traumatic stress after the abuse.
"There was an unconscious physical encounter, of a sexual nature, that violated the freedom and indemnity of the victim," concludes the Superior Court of Justice.
