The Supreme Court (TS) has upheld the verdict of sixteen and a half years in prison for the proprietor of a chupiteria situated in the town of La Laguna, who was found guilty in 2021 of three counts of sexual abuse, one involving a minor. He has also been ordered to pay 21,000 euros to the three victims.
As an additional penalty, the defendant is required to undergo supervised release for eight years following his release from prison and is prohibited from engaging in any profession involving direct contact with minors for a period of ten years.
Initially, the Provincial Court of Santa Cruz de Tenerife acquitted him of seven other counts of abuse, as charged by the Prosecutor’s Office.
The convicted individual operated this establishment from 2014 to 2018, during which time he attracted a substantial clientele and hired several waitresses, some on weekends as additional staff, paying them based on the hours worked, either for serving drinks or attracting customers.
One of these employees, an 18-year-old earning 25 euros per night, reported that the defendant would inappropriately touch and spank her while they were at the bar.
According to the verdict, on one occasion they went to a nearby garage to collect supplies, where he unexpectedly handcuffed her, touched her without consent under her clothing, kissed her, and released her only after she requested it.
On another occasion, he hired a girl who left after a few days because of his inappropriate behaviour, making sexual advances and eventually assaulting her against her will after work hours, as stated in the court ruling upheld by the Supreme Court.
The verdict also details an incident involving a minor who was offered an alcoholic drink and taken advantage of when her judgment was impaired by alcohol, leading to a sexual assault.
During a selection process involving six girls, he made numerous sexually suggestive comments and engaged in inappropriate behaviour at the bar, causing one of them to experience significant anxiety and depression.
A plea against the decision of the Superior Court of Justice of the Canary Islands (TSJC) was made but rejected, requesting a re-examination of the evidence presented during the trial at the Provincial Court of Tenerife, which was dismissed by the Supreme Court.
The Supreme Court has determined that a thorough analysis of the testimonies of the three young women has already been carried out, demonstrating a high level of credibility supported by individual psychological evaluations, thus reinforcing the credibility of their accounts.
In response to a request for the inmate to benefit from the terms of the Only Yes is Yes law, the Supreme Court has dismissed the possibility, deeming the new legislation no more favourable to him. In fact, in the case involving the minor, it would be classified as a sexual assault, with the penalties upheld in all instances.
