Supreme upholds conviction of Barcelona Marists of pedophilia

After an adjournment just before the summer, to the same judge rapporteur, due to the scope of another matter corresponding to the President of the Second Section, Manuel Marchenaand judges Juan Ramón Berdugo, Vicente Magro, Andrés Palomo and Eduardo de Porres It met on 5 October to meet. The sentence upholds the abuses against the four students Benítez was convicted of by the Supreme Court, in a sentence that is now conclusive, which would make it much more complicated for the Catalan court to further delay his prison sentence.

Benitez was indicted by twenty exiles, but only four of those cases referred to crimes that the law still did not consider prescribed. The other 16 Marist teachers, most of whom were religious brothers, could not be prosecuted as all the complaints of their victims were also declared prescribed.

Although Benítez received the most severe sentence ever against a teacher for sexual abuse in April 2019, the court has so far released her. With the Supreme Court decision, the Barcelona Court will have to re-adjudicate petitions demanding that the charges go to prison.

no application

The Supreme Court completely dismissed two appeals against conviction: one by Benítez and the other formulated by the Court. school insurance company declared r.direct legal liability for compensation To the victims in the amount of 120,000 euros. The foundation that owns the center is also declared legally liable, but secondarily, i.e. unless the professor and the insurer are directly confronted.

The Barcelona Court’s decision, now upheld by the high court, convicts Les Corts Marist College physical education teacher for the sexual abuse of four underage students for three years during courses in 2006 -2007, 2007 -2008 and 2008-2009.

Almighty, in his sentence, The testimonies of the minor victims were confirmed according to other elements of evidence and is sufficient evidence for a statement of conviction. He considers it correct to aggravate the cases and classify them as an ongoing crime of sexual abuse, so the punishment was adjusted for his own behavior.

The Criminal Division also considers it appropriate for the school insurer to respond as a direct civil liability, without being able to claim against the victims that the contractual insurance coverage does not cover these events because it is a crime. The decision states that this exemption applies only to the internal relationship between the insurer and the insured, not to injured minors.