The Prosecutor's Office of Madrid has filed the investigation into the sexist chants at the Elías Ahuja College of Madrid, which the President of the Government himself, Pedro Sánchez, condemned as sexist. The Attorney General of the State promoted the opening of proceedings to which was added a complaint by the president of Moviment contra la Intolerancia, which has now been archived because no elements have been found for a hate crime. The complaint stated that during the night of October 2, 2022, a group of young residents of the Elías Ahuja senior college addressed songs to the residents of the neighboring senior college of Santa Mónica. According to the complainants, the facts could constitute a hate crime. The investigation includes a video that went viral in which the residents of this major college, attached to the Complutense University of Madrid, intimidated their neighbors by shouting at them such as "nymphomaniacs", "whores" and "us we will fuck" or "come out of your holes, rabbits".
The filing decree states that the events that took place are "disrespectful and insulting to women" and the expressions uttered constitute "an attack on their individual or collective dignity".
However, they cannot by themselves be constitutive of a hate crime, since this crime requires the concurrence of a specific discriminatory motivation, a circumstance that has not been proven in the investigation due to previous events, contemporaneous or subsequent to the denounced According to the Prosecutor's Office, the action investigated cannot be classified as a crime against moral integrity either because for this it is necessary that one of the recipients of the expressions uttered had felt offended and "it is not known that any of the women who were in the residence reported the events".
In the filing decree, the Prosecutor's Office also states that the facts cannot be incardinated in a crime of the new article 173.4 of the Penal Code included in the law of only yes is yes because the facts are prior to its entry into force. In this case, the perpetrators could have been prosecuted with penalties of up to two years in prison for expressions, behaviors or propositions of a sexual nature that create an objectively humiliating, hostile or intimidating situation for the victim, without constituting other crimes of more gravity
