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Justice acquits priest convicted of sexual assault of violating restraining order

Justice has convicted a priest of the Bishop of Alcal დე de Henares (Madrid) for the continuing offense of violating a restraining order. The Magistrate’s Burgos №1 Criminal Court found that within nine months, and although the investigating court had barred her from approaching or communicating with the applicant, the convict had “repeatedly” called the woman “her personal telephone number and her place of work from a hidden telephone number”.

The judge fined the priest 3,600 euros for these facts, even though the prosecution even demanded three years in prison. The priest, who was temporarily in prison for this reason, was released because the sentence did not provide for imprisonment, court sources note.

In parallel with this precautionary order, this woman also condemned him for crimes against coercion, threats and sexual liberty, according to the sentence, Promoted by Diario de Burgos. This media ensures that a priest is charged with three counts of sexual assault and one count of harassment. Official sources in the Castilla and Le უმაღლესიn Supreme Court confirm that the case has been ordered and is currently awaiting a court hearing date.

The verdict was appealed

Despite the restraining order imposed by the investigating court, the priest not only summoned the plaintiff. In these messages, the priest went so far as to ask the woman to “file a complaint against him”, based on the facts of the sentence handed down by the ურგ1 criminal court in Burgos in April. The decision is not final at this time as it is being challenged, which is confirmed by lawyers on both sides.

The magistrate rules out that these facts are a crime of harassment and obstruction of justice, as claimed by the prosecution and the prosecution. Prior to the first claim, the proposition stated that “continuation or intensity” necessary for the “configuration of the criminal type of harassment” had not been established.

In this argument, the judge argues that the priest’s actions “could be a disturbing, uncomfortable attitude that adversely affected the applicant”, especially given that “there is a trial going on”.

Lonely in the monastery

Nevertheless, the magistrate notes that it has not been established that “the defendant’s conduct seriously altered the normal development of the applicant’s daily life”. He therefore concludes that it has not been shown that the “diagnosis compatible with the symptoms of anxiety and significant stress” presented by the plaintiff “derives from the facts established in the facts substantiated by the decision”.

The Bishop of Alcala de Henares acted upon this institution as soon as the complaint was lodged, citing ecclesiastical sources and confirming’s lawyer. “The priest has been suspended from that day,” said Juan Antonio Reig Plus of the diocese. He adds: “According to the planned protocol, a preliminary investigation was conducted and the result was sent to the Holy See. “He is locked up in a monastery, awaiting canonical and civil judgment.”

The convictions began on September 11, 2019, the date when the priest had “complete knowledge” of the “prohibitions imposed.” From that point on, and until July 2020, he violated the restraining order. According to the applicant, the order agreed by the court was “repeatedly violated” during that period, as the accused “insisted on calling him from his personal number on his home phone and at work”. In the communications he attended, “he recognized the voice of the accused,” and in some cases “his breathing was heard,” the woman said in a statement.

In the report, the woman also stated that “her co-worker told her that someone was constantly calling and asking her and that, once, she saw him near the clinic where he was an employee.” At trial, this witness testified that he had seen her “once”, although he could not have described these events “within the period of validity of the restraining order”.

You have to cancel the complaint against me because it’s best for you […] “I just wanted to be good to you and complicate everything with your stubbornness, which made us suffer,” the letter sent to the complainant reads.

The magistrate argues that it was “not approved” that the priest wrote and sent two anonymous letters to the applicant in November 2019 and January 2020. In one of them the content was as follows: “You should cancel the complaint that you are making because it is best for you. If you do not do that, I will never leave you alone, you always ask me to leave you alone, this is the way to leave you alone. ” And he continues: “Write to the bishop of Alcala and tell him that everything is a lie and that Rome, deny everything and tell him that I am a good priest and get me out of here as soon as possible.” “I just wanted to be good to you and you complicated everything with your stubbornness that would bother you,” the first letter ends.

“The letters are anonymous, they have no sender, nor are they handwritten,” the magistrate said, adding that “no objective evidence has been obtained to prove the authorship of the accused.” To establish the origin of these letters, “no investigative work was carried out to establish that it was sent by the accused” nor was it specified “whether it was written from an existing computer in the places where the accused was on those dates. “.

Along the same lines, the judge notes that “it is not proven” that the priest sent the applicant “two audio recordings in which breathing could be heard” in “January 2020”.

For his part, the accused denied the facts and accusations attributed to him by the prosecution and assured that after the measure of restraint, “he did not call the victim from a secret number nor did he send” letters and audio “. ”

Source: El Diario





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