The Military Chamber of the Supreme Court has convicted a sergeant from the Army, stationed in Las Palmas de Gran Canaria and later moved to Tenerife, to a prison sentence of four years along with dismissal from service. This ruling follows the sergeant’s conviction for abuse of authority, sexual assault, and inflicting injuries on a subordinate, to whom he must also pay €10,000.
In addition to the prison sentence, he is mandated to maintain a distance from the victim of at least one kilometre for five years post-incarceration. He was acquitted of similar charges related to two earlier incidents, one involving inappropriate touching on a sofa and another in a kitchen.
The incidents transpired at the end of 2020, when the soldier attended a birthday celebration of the accused, a person with whom she was in a joint WhatsApp group and who she recognised as her former gym instructor.
The gathering occurred at a shopping centre in Telde, where alcohol was consumed, and in the later hours, the sergeant suggested that they spend the night at his home to avoid driving.
At this juncture, he communicated with the soldier via her private account, inviting her to his room and claiming he would sleep on the couch. She replied: “I don’t mind, whatever is needed, I appreciate it.”
When the second venue closed around 2 AM, they proceeded to the defendant’s residence in Telde, where they continued the festivities, drinking and dancing.
During the evening, the accused increasingly approached the soldier, sitting beside her and caressing her thigh. At one point, she felt uncomfortable and decided to cover her private areas with a cushion, eventually getting up and moving to the kitchen.
While there, the sergeant kissed her neck, prompting the complainant to retreat, which led the man to withdraw and return to the group.
By 4:30 AM, the celebration had concluded, and everyone retired to sleep. The victim, who was in a separate room, received a message from the convicted soldier urging her to visit him. She chose not to respond.
Instead, she opted to show the message to a colleague, who dismissed the matter. At this point, the sergeant insisted she enter his room, stating he had something important to discuss. Although she initially resisted, she eventually approached him, at which point he seized her by the waist and pulled her into the room.
Upon entering, he quickly shut the door and began to kiss her neck, threw her onto the bed, and made various sexual advances, including reaching inside his trousers, despite her attempts to escape.
The accused attempted to reassure her, saying, “Stay calm, let yourself go; you won’t have a better chance to be with me.” Ultimately, following her refusals, he allowed her to leave.
Some hours later, while she was asleep, he assaulted her by placing his penis in her mouth and touching her beneath her underwear. The soldier reacted by pushing him away and fleeing, an event witnessed by another soldier.
The following day, he sent her a message stating, “We need to talk,” which she ignored as she was asleep. Several days later, after he persisted for explanations, she filed a report with the National Police, as she lacked trust in reporting through military channels.
Ultimately, the victim opted to resign from the Army and is now employed as a municipal police officer in Telde, having been diagnosed with depression, anxiety, and a profound aversion to matters relating to her previous career.
The accused was later transferred to Tenerife, where all case details were gathered, leading to an initial oral hearing, which culminated in a conviction now upheld by the Supreme Court.
