The magistrate of court number 30 of Barcelona Zita Hernández Larrañaga has decided to file the complaint for the announcement of an alleged raffle for the services of a prostitute in an internal military chat, with 62 members, from the Bruc barracks in Barcelona as they are not constitutive of crime the denounced facts.
The magistrate thus assumes the criteria of the Prosecutor’s Office that last week reported in favor of not admitting for processing the complaint filed in December by the head of the Infantry regiment of the barracks, concluding that the draw was “fictitious” since “there was never ” a “real intention” to contract his services and that the “real prize” was a Christmas basket.
Thus, the judge does not appreciate the character of a crime in the facts denounced, nor of sexual exploitation, nor of trafficking in human beings, nor of induction to prostitution since there is no victim. Not even hate crimes and discrimination. For this reason, she chooses not to admit the complaint “without prejudice to the disciplinary sanctions that could be imposed, where appropriate, on those responsible.”
In some proceedings, the magistrate points out that the raffle “did not respond to a reality since at no time is it known that favors were requested from any prostitute”, and recalls that the winner “was finally awarded with a Christmas basket and not with a prostitute”. In addition, she points out that the draw could not be manipulated since it was carried out before the publication in the Ara newspaper, which gave the information in December, was known.
In addition, the magistrate limited the messages about this raffle to only two of the members of the WhatsApp group and to a “specific moment” such as a Christmas raffle and “they were not accompanied by other messages of a discriminatory or vexatious tone for the women or for the group of women who practice prostitution”. Finally, she points out that the authors of the raffle idea acknowledged their authorship before the superiors and expressed their regret.
