Supreme Court Upholds Conviction for Workplace and Sexual Harassment Against Couple

The Supreme Court (SC) has upheld the sentence of up to 2 years and 7 months in prison imposed by a Canary Islands court on a couple for workplace harassment, as well as sexual harassment and abuse by the man, against two employees. The conduct within the company led to one of the employees urinating on herself.

In a ruling accessed by Europa Press, the SC's Criminal Chamber refers to a case involving a company in Gran Canaria where the couple held managerial positions, he as a delegate and she as a team leader. They subjected two employees to "continuous humiliating, offensive, and derogatory treatment, undermining their psychological integrity."

On one hand, they forced them to participate in a work chat outside of working hours, threatening them with dismissal, and on the other, they called them "losers" and "bitter," even saying things like: "What you need is to get laid." This led to one of the workers urinating on herself and another vomiting.

At one point, the couple, believing the two workers were in a romantic relationship "because of photos seen together on social media," continued their offensive behavior by asking if they were having sexual relations. They told them to end their supposed relationship.

Furthermore, the man, "taking advantage of his position as a superior" and "with the intention of satisfying his sexual urges," subjected one of the workers to "frequent sexual advances, making numerous phone calls." According to the proven facts, "on numerous occasions in the office, when passing by her, he would grab her face and say: 'What a beautiful face you have in the mornings!' and 'You know I really love you.'"

One day, "he approached from behind and caressed her breasts with his hand." In a similar scene, another worker from the same company, who was the delegate in Tenerife and sometimes visited the Gran Canaria office, approached one of the workers before a dinner to show her photos of his abs and propose sex. Upon her refusal, he said she was "a prude." As she left the bathroom, "he grabbed her arm, hugged her from behind," and rubbed against her with his genitals.

As a result, one of the workers exhibits symptoms of "anxiety and depression" requiring psychiatric and psychological treatment, while the other suffers from a "major depressive episode" needing the same treatment.

A Canary Islands court sentenced the woman to 8 months in prison for workplace harassment; her husband to 1 year for the same crime, 4 months for sexual harassment, and 1 year and 3 months for sexual abuse; and the other executive to 1 year and 8 months for sexual abuse. Additionally, they were ordered to jointly and severally compensate each victim with 15,000 euros, plus 6,000 euros to one and 3,000 euros to the other.

The convicted appealed unsuccessfully up to the Supreme Court, which also rejected their claims. One of the grounds for appeal was that the Gran Canaria delegate argued that "mere physical contact" does not constitute a crime, to which the SC responded that "touching an erogenous zone, such as a woman's breast, is an act of sexual content" punishable under the Penal Code.