A minor accused of harassing, humiliating and attacking a colleague with a disability

A minor accused of harassing, humiliating and attacking a colleague with a disability


The Provincial Court of Santa Cruz de Tenerife has confirmed the sentence of the Juvenile Court that convicted a young woman for a crime against moral integrity and two minor crimes of abuseimposing twelve months of socio-educational tasks.

The sentence is based on harassment, humiliation and aggression, known as ‘bullying’, towards a colleague with 36% disability. The sentence establishes that the young woman will not be able to get closer than 300 meters to the victim for two years.

The facts

The sanctioned person, who was 17 years old between March and June 2022 while studying at an institute in Santa Cruz de Tenerife, generated “restlessness and unrest” on his partner whom he insulted.

The victim filed several complaints, without requesting any financial compensation, describing a treatment “degrading and humiliating” by the accused.

She explained that the young woman constantly spoke badly about her with other classmates, insulted her and accused her of being a whistleblower for informing the teachers about what was happening.

Furthermore, he touched her as if she “repugnant”threatened her with physical attacks, threw her sweater out the window and poured a bottle of water into her backpack, ruining her notes, while the rest of the classmates mocked her.

The defendant created several fake accounts on a social network posing as boys and requesting photos from the victim, who sent them. She had to close her accounts after a counselor discovered the situation and forced her to apologize in front of the entire class.

He also stole a gift bag from his older sister, which a teacher later managed to recover, although money was missing that the teachers themselves covered from their own pockets.

On one occasion, according to the court, the defendant followed the victim when she left class, grabbed her behind the neck when she reached a corner and gave a strong punch on the head that made her fall to the ground. The victim stood up dazed and she was almost hit by a car.

The counselors confirmed that the minor’s complaints about the treatment received were constant for several years, which is why the the protocol for cases of bullying and one of the teachers accompanied the victim to file one of the complaints.

The minor who perpetrated these abuses had no criminal record, lived with her mother and at some point was declared at risk by the Juvenile Prosecutor’s Office.

Sentence

The legal representation of the sanctioned minor appealed the initial sentence before the Provincial Court, arguing that the measure imposed was “excessive”and requested its revocation and acquittal.

The minor acknowledged only some facts, such as that occasionally he and others insulted her and that he once hid her purse from her.

He argued that There was no evidence that he had harassed and assaulted to the complainant, but admitted to having created an account on a social network posing as a boy. She claimed to have apologized, closed the account and deleted the photos sent.

The Court determined that the Court was in a better position to know the facts and that the principle of presumption of innocence was not violated, therefore refused to annul the sentence.

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This news article has been translated from the original language to English by WorldsNewsNow.com.

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