Madrid (EFE) ”, broadcast by the Telecinco network at dawn on November 4, 2017.
In addition, the sentence imposes four years of isolation and isolation from the victim and indemnify her with 6,000 euros as compensation for the non-material damage caused, an amount for which the entity Zeppelin Televisión SA must also respond as subsidiary civil liability.
The magistrate considers it proven that the defendant, “guided by a libidinous spirit and knowing that Carlota Prado was under the effects of an ethylic torpor that would later lead her to unconsciousness, took off her pants when they were both occupying the same bed and began to make movements of a sexual nature under the duvet, despite the fact that the victim weakly told him, ‘I can’t’”.
It also maintains that “despite the fact that the defendant asked her on several occasions to open her eyes, Carlota remained immobile and when she asked how she was, she only managed to reply that she should remove herself, at which point she turned around and fell unconscious.” .
“The lewd movements of the convicted person continued for several more minutes until the victim uncovered his face and one arm and was seen in an inert state, which led to the intervention of one of the members of the program in charge of viewing the recording, at which point the one that stopped the situation and Carlota vomited and was completely stunned ”, he adds.
Big Brother put the images to the victim without prior preparation or assistance
The resolution states that “the recordings were shown to the victim the following morning in an isolated room in which Carlota was alone and with no other company than the voice-over of the person known as Super, without any preparation or prior assistance regarding of what was going to be shown and without any contractual clause regulating the proceeding in these circumstances”.
Thus, “viewing what had happened caused the victim deep discomfort, surprise, and pain, and later anxiety and stress, which later led to a psychological disorder,” he adds.
The ruling also condemns Zeppelin Televisión SA, jointly and severally with Chubb European Group LTD, to indemnify Carlota Prado with another thousand euros as compensation for additional non-material damage caused in the way of notifying her of the crime of sexual abuse to which she was subjected in the Big Brother reality show.
The judge says that the victim “was deprived of all sense during the development of the punishable act and in deplorable conditions throughout the entire interval covered by the recording.”
“It is impossible not to conclude that it was used by the defendant as an object as a sex toy, without the slightest shadow of consent and consequently of freedom on his part in what happened,” he argues.
Civil liability for the sexual offender and for the producer of the program
Regarding civil liability, the judgment splits it into two causative events: one, the sexual abuse itself, which generates damage subject to compensation, and the other, the exhibition to the injured party by the entity that produced the recording made without prior notice. or preparation, which generated frustration, moral damage and subsequent psychological consequences.
The convicted person is responsible for the first and for the second “only the direct responsibility of the Zeppelin entity can be predicated, whose managers are those who decide to show the recorded footage to the young woman,” the judge concludes.