The Supreme Court has confirmed the sentences of 8 and 10 months in prison for five artillery sergeants, four men and one woman, for harassing a comrade from the Mistral Battery of the 93rd Field Artillery Regiment (RACA 93) of Tenerife, who harassed, made a vacuum and seriously insulted personally and professionally, until they did not leave even “the minimum possible space for tranquility.” The convicts turned their backs on Sergeant DMG because of the good relationship she had with the brigade of the unit and constantly harassed her with labels such as “snitch”, “rat” or “brigade whore”. The five have already been sentenced by the same Military Chamber of the Supreme Court to one year in prison in 2022 for harassment and “general contempt” that they gave to the same person, making fun of his sexual orientation.
The ruling, which confirms a ruling by the Fifth Territorial Military Court, based in Tenerife, explains that the victim began to suffer harassment when she was chosen by the brigade for a position in the Mistral Battery (anti-aircraft defense) simulator that all the sergeants longed for. In December 2015, the team went to the Segovia Artillery Academy to practice with the simulated cannon and, while they were there, they asked to reduce the practice to have more free time, which the victim refused. “We have come to Segovia to work,” she told her colleagues. The insults have skyrocketed ever since.
First they awarded him the insult of a rat, the same one applied to the brigade head of the unit, but from then on the harassment increased, especially after the victim attended the brigade’s birthday party. From there he suffered an “attack on his dignity”, with “very rude insults” with what the aggressors were looking for, “especially to ridicule him professionally.” On the day of the aforementioned anniversary, Sergeant Gerardo DL told him while they were running in the morning if he had “fed up with chicken cake.” And days later he called her an “asshole.” He continued like this until he made DM feel like “the mascot” of the group.
The court considers it proven that they ignored her throughout 2016 and until she was discharged from psychiatric hospitals, while receiving “constant insults” and “coarse taunts”, such as calling her a “brigade cocksucker”, “snitch”, “brigade whore” , “rat” or “retarded”. They sang “buy yourself a friend.” He stayed apart from the group of sergeants, who “laughed at him, moved away from him or dissolved when they approached him and only addressed him for what was strictly necessary.” Or they threw hints like “if karma existed, some would be two meters underground.” Some insults that “have been constantly repeated” behind his back because he was subjected to ostracism, but which ended up reaching his ears.
As a consequence of all this, DM was discharged from the psychiatric hospital and “experienced a strong feeling of vexation and humiliation as a result of the harassment.” In fact, although he now provides services in Cádiz, he has a recognized “psychophysical uselessness, and is fit with limitations with a 10% disability. He is depleted of weapons and stressful situations. It has not been proven that this situation is a direct consequence of the events that are being judged in this case,” read the sentence.
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The Supreme Court considers it proven that the convicted perpetrated a crime against the exercise of the fundamental rights and public liberties of the military, for seriously violating personal dignity. For this reason, it confirms the sentence of ten months for sergeants Gerardo DLT and eight months for Aarón NS, María FG, Pablo RR and Ernesto JA Of them, he says that they “constantly, systematically and permanently” launched a series of actions that caused the victim “a serious disturbance in his well-being, causing him feelings of vexation, humiliation and objectification and a mental deterioration.”
The five have already been sentenced by the Supreme Court, which in turn corrected the acquittal issued by the Fifth Territorial Military Court, for having made derogatory comments against the same victim even before she arrived (“a lesbian and lazy sergeant is going to arrive”, “A sergeant who likes pussies and tits more than Rubén is going to come,” it was commented in the command canteen). Likewise, they labeled her as “lazy”, “frustrated man with a woman’s body”, “minion” (after the character from the animated film Gru, my favorite villain) or “rat”, as well as “dwarf” and “lesbian”. in a derogatory tone.