The Alicante Court sentenced a 56-year-old man to six months in prison and a daily fine of five euros for insulting a foreign woman while she was waiting to be seen at a health centre counter in Villajoyosa. The court convicted him of a crime against human dignity, citing evidence that he insulted the woman “because of her racial and national origin.”
The event occurred about 4:00 p.m. on August 1st, 2023, while the victim was waiting for care at the clinic with her daughter.
The judgement states that the defendant approached her “in an aggressive attitude” and moved his face near to hers, “waving his hands and acting with the intention of undermining her dignity as a person, violating her dignity because of her racial and national origin.”
According to the court decision, this behaviour occurred “due to his intolerance, which is incompatible with living together,” and ended in a verbal attack “in front of the other people” present at the health centre.
The court deems the victim’s version credible. In her statement at the trial on May 28th, she indicated that she was on the phone with her husband while waiting for an appointment when the defendant began yelling at her. This incident prompted her husband to summon his brother and sister-in-law to her rescue.
Furthermore, the Provincial Court gives weight to this account because it was confirmed by a cleaning staff member, who testified as a witness and stated that the defendant also yelled at another woman, referring to the victim’s sister-in-law, who had arrived at the health centre.
Similarly, the court’s findings indicate that the police officers who arrived at the clinic testified about the defendant’s violent and defiant behaviour during their intervention.
The defendant denied the facts and said he was drinking that day. He claimed that he merely wanted to be treated and denied ever violating the complaint or assaulting any police. His defence team sought his acquittal.
However, the court accepted the victim’s and other witnesses’ accounts and ruled out the idea that the defendant was under the influence of alcohol, stating, “There is no evidence to justify alcohol impairment.”
As a result, the court sentenced the defendant to six months in prison and ordered him to pay €500 in moral damages to the aggrieved party.
The verdict can be appealed to the Superior Court of Justice of the Community (TSJCV) within ten days of notification.
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