Prison for homophobic insulter in Madrid gym

The Provincial Court of Madrid has sentenced a man to one year in prison for insulting several users of a gym on calle Atocha because of their sexual orientation, conduct that the court considers “degrading” towards the victims.

This is stated in a sentence in which the magistrates punish a man as the author of two crimes against moral integrity and acquit him of a crime against dignity.

In addition to the prison sentence, the obligation to compensate each of the victims with one thousand euro is imposed. In the same way, he is sentenced as the author responsible for a minor crime of mistreatment of work to the penalty of one month’s fine with a daily fee of six euro.

The magistrates also condemn one of the victims for a minor offence of injury to a fine of one month with a daily fee of six euro and to compensate the perpetrator of the aforementioned crimes with 150 euro.

At trial, the defendant denied the insults and declared himself homosexual, pointing out that he was unaware of the sexual inclination of the complainants, who took the case to court as they felt “humiliated” and “offended” by being gratuitously harassed by the defendant.

Now the magistrates consider that the facts declared proven constitute two crimes against moral integrity, since they understand that “the defendant’s conduct was especially denigrating” and caused “feelings of fear and anguish with grave humiliation and severe attacks on dignity, degrading treatment that lasted for at least a year.

From 2019 to May 2021, the accused would pass by the victims in the gym and yell homophobic expletives. On one occasion, one of the victims waited for him and punched him, which led to a fight between the two, and the victim’s subsequent fine.

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