The former contestant of Big Brother José María López has been sentenced to fifteen months in prison for the crime of sexual abuse of Carlota Prado during a party held at dawn on November 4, 2017 on the reality show broadcast by Telecinco.
In addition, he is sentenced to four years of isolation and isolation from the victim and to compensate her in the amount of 6,000 euros as compensation for the non-material damage caused. The entity Zeppelin Televisión SA must also respond to this amount as subsidiary civil liability. This same entity, jointly and severally with Chubb European Group LTD, must indemnify Carlota PA in the amount of one thousand euros as compensation for the additional moral damage caused by notifying the victim of the crime of sexual abuse to which he was subjected. It must be remembered that the program explained to Carlota Prado what happened, it even showed her the images from the night before, without the pertinent psychological help.
At trial, the now convicted man refused to agree with the prosecutor by maintaining that that morning he had consensual relations with his partner. “I did not have the perception that he was unconscious”, he stressed during his statement in which he affirmed that he “did not abuse Carlota”.
The judge considers it proven that the defendant “guided by a libidinous spirit, knowing that Carlota P. 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”.
The resolution also maintains that “despite the fact that the defendant asked her on several occasions to open her eyes, Carlota remained motionless, and when she asked how she was feeling, she only managed to reply that she should get out, at which point she turned and fell into the unconsciousness”.
“The lewd movements of the convicted person continued for several more minutes, until the victim uncovered his face and one arm and his inert state was revealed, which led to the intervention of one of the members of the program in charge of viewing the recording, at which point in which the situation ceased. Carlota P., at that moment vomited and was completely dazed”.
The ruling states that “the recordings were shown to the victim the following morning, in an isolated room, where Carlota was alone and with no other company than the voice-over of the person known as ‘Super’, without any preparation for what was to come.” was going to show, without prior assistance about 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 that later led to a psychological disorder.”
The victim, says the sentence, “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 she was used by the defendant as an object to satisfy as a sex toy, without the slightest shadow of consent and, consequently, of freedom on her part in what happened,” she concludes.
Regarding civil liability, the ruling splits it into two causative events: the sexual abuse itself, which generates damage subject to compensation; and the exhibition to the injured party by the entity producing the recording made without prior notice or preparation, which generated frustration, non-material damage and subsequent psychological consequences.
The convicted person would be responsible for the first, and for the second “one can only claim direct responsibility of the Zeppelin entity, whose managers are those who decide to show the young woman what was recorded.”
PROSECUTOR’S REQUEST
The prosecutor maintained the request for two and a half years in prison for the former contestant, considering it accredited that he abused Carlota Prado inside the Guadalix house according to the testimony of the victim and the viewing of the images. “He is not the rapist of the Eixample but he made a mistake,” he said.
The facts date back to November 3, 2017, when a party was organized inside the house “in which the program provided the contestants with alcoholic beverages.”
In that same house was also the contestant Carlota PA, with whom the defendant had begun a sentimental relationship a few days before.
The young woman, who had eaten “little” food during the party, drank “at least four shots of tequila, for which she reached a state of intoxication that became more pronounced and evident after midnight.”
Thus, around one-thirty in the morning the next day and, when they were both in the bedroom they were occupying, José María López Pérez, “who had already taken off his pants”, helped the other contestant to take off her shoes and get inside. in the bed they had been sharing. At that time, according to the Prosecutor’s Office, the young woman kept the “entirety” of her clothing on.
Immediately afterwards, the defendant got into bed while the young woman remained silent “in a supine position with her eyes closed, making slow and heavy movements, due to her condition.” “Guided by a libidinous spirit and knowing the state of semi-consciousness in which he found himself and taking advantage of this circumstance, he began to carry out movements of clear sexual content under the duvet, despite the fact that stammering weakly, he said ‘I can’t'”, the letter continues. .
Next, the defendant pressed his body against that of the young woman “in order to satisfy her sexual desire, despite the fact that she even raised her hand on two occasions as if wanting to tell her to stop.”
At the same time, he “several times asked the contestant to open her eyes, but the victim remained motionless.” When the defendant asked her how she was, she “only” managed to reply that she get away from her, “at which point she turned with her back to the defendant.”
The Prosecutor’s Office reveals in its brief that the young man, after covering both of them with a duvet, “continued touching, rubbing and movements of a purely sexual content, stripping the victim of her clothing, partially freeing her from her underwear and unbuttoning her chest.” bra, despite the fact that she was already in a state of unconsciousness”.