The orderly accused of sexually abusing a patient at Bellvitge Hospital has been acquitted.

BarcelonaThe Barcelona Court has acquitted the orderly at Bellvitge Hospital accused of sexually abusing a patient in the eating disorders unit of the same center with a prognosis of severe anorexia. a case advanced by the ARA. The trial was held on January 26. And this Tuesday, ARA obtained access to the ruling that acquits OMV, for whom the prosecution had requested an eight-year prison sentence for repeated sexual abuse. The events date back to the summer of 2020.

In the ruling, the judges note that the version of the complainant—who maintained throughout the trial that the abuse was continuous—and that of the caretaker—who denied contact with the victim—are "contradictory." However, "the remaining evidence presented does not allow for unequivocal confirmation of the incriminating version." The judges apply the principle in dubio pro reoIn other words, lacking absolute certainty, the ruling must be in favor of the accused. To this end, the judges focus on the victim's version of events and assert that it contains "contradictions." The judges also point out that her testimony during the trial and the preliminary investigation was "neutral," "lacking spontaneity," and "failing to provide sensory or emotional details." "She essentially limited herself to recounting the sexual acts accompanied by certain expressions of a clearly sexual nature, but without any reference to singular, surprising, or unexpected circumstances surrounding the events," they state. In contrast, the forensic psychologists were clear during the trial, stating that the victim, whom they analyzed before the proceedings, offered a "spontaneous, loosely scripted, and extensive account, providing sensory and emotional details consistent with lived experiences," despite not having impaired mental capacity.

"Spurious mobile"

In fact, the judges say that it cannot be ruled out that the victim's complaint had an "ulterior motive"—one that conceals the truth for personal gain. In that case, they add in the ruling, it would be to leave the unit and be discharged. The judges cite the various statements from staff members who affirmed that the victim frequently expressed her desire to leave the healthcare facility. The complainant informed two psychologists about the abuse she suffered and filed several complaints that went unanswered. In response, she sent letters hidden in the laundry for her mother to read. When she was discharged, she filed a complaint with the Mossos d'Esquadra (Catalan police).

In the ruling, the judges recall the testimony of several healthcare workers, who described the patient's constant complaints, including those regarding mechanical restraint. The victim, a nurse, criticized the fact that it had not been done according to protocol. The staff members maintained that it had been. "Given that both parties involved maintain contradictory versions of the events, that the complainant's account has not offered sufficient credibility and reliability, and that it is not explained by objective direct evidence that reinforces her version, this court has not been able to reach full, clear, and unequivocal conviction to assign a complete and sufficient burden of proof," a ruling that may be appealed.