The Military Chamber V of the Supreme Court has confirmed the sanction of six months and one day of suspension of employment to a corporal 1st of the Civil Guard for sexual harassment of a colleague with whom he shared work service in the post of the Command of Santiago de Alcantara (Cáceres). Her macho comments were “constant”, with expressions such as “we are alone in the pavilion and we could have a great time together” or “all women are whores”, among others.
The high court thus ratifies the sanction signed by the director general of the Civil Guard on May 19, 2020 and confirmed a year later, by the Central Military Court, where the perpetrator is convicted as responsible for a “very serious offense”. consisting” of “any action that involves harassment for reasons of sex”, provided for in article 13 of Organic Law 12/2007, of October 22, on the disciplinary regime of the Civil Guard.
According to the judgment, it has been proven that this agent made “scattered” comments of sexual and sexist content with a “humiliating or libidinous” character when they frequently formed a labor “binomial” for the provision of the service where they were assigned, specifically between the months from January to June 2018.
Among the expressions addressed to her co-worker, the following stood out, as verified during the trial: “Shall we dance?”, and when the agent answered no, she said: “Well, we won’t talk about fucking”; “We are alone in the pavilion and we could have a great time during the service”; “Why don’t you paint a clock on the tip of my dick?”; “That the dick reaches my knee and that everyone liked it” ; “Your boobs have grown.”
The Military Court also emphasizes the sexist comments used: “All women are whores, that no one can find one who is worthwhile or in conditions, who are useless” or “what women they like is to be grabbed by the hair and hit in the ass”. These comments found in the woman “a reiterated and firm disagreement and opposition.”
Subsequently, and during the provision of another shared service, the 1st Corporal addressed his co-worker and reproached her that “it had bothered him a lot that he had complained” to the sergeant, commander of the Santiago de Alcántara Post, about things that told him “about sex, about meeting and that…”. In addition, he threatened the woman with the possibility that he would be promoted and remain as the main person in charge (Commander) of the Service Post. She then told him that she “was going to find out; that she doesn’t fight back, and that she is subject to military discipline.”
This situation, as a whole, caused an “emotional and behavioral disturbance” in the agent, which required the ex officio activation of the workplace and sexual harassment protocol provided for this type of case in the Civil Guard. It was then that the woman visited an optional consultation in the Psychology Service of the Cáceres Command, which proposed “the adoption of immediate precautionary and preventive measures” so that the situation of harassment ceased.
From then on, the case was reported to the Ministry of Defense, an organization that imposed a sanction of six months and one day of suspension of employment, although the accused resorted twice to appeal to the presumption of innocence and to consider that he did not there was evidence of such harassment. However, the high court has reasoned that the testimony of the harassed civil guard was coherent and there was no reason to doubt it; In addition, the testimony of other statements that corroborated the facts denounced was very important.
In this way, the Military Chamber of the Supreme Court rejects the contentious-disciplinary appeal filed by the corporal and has agreed to maintain the sanction, concluding the military file that had been opened and making the sentence final for all purposes.
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