Hate crime in Madrid: six months in prison for the man who insulted and spat at two women for kissing in the street

• The Provincial Court of Madrid sentences a man to six months in prison for insulting and spitting at two women who were kissing in the street.
• According to the ruling, he acted out of prejudice against their sexual orientation.
• The sentence is final: Prosecutor, accusation, defense, and defendant accepted the ruling and waived their right to appeal.

A hate crime in Madrid ends with a final sentence. The Provincial Court of Madrid has sentenced a man, identified as E.N.L., to six months in prison for insulting with homophobic expressions, making obscene gestures, and spitting at two women who were kissing on Pamplona street in November 2023.

What happened on Pamplona street?

The events occurred on November 5, 2023, around 10:55 PM, at number 37 on Pamplona street in Madrid. According to the proven facts, the defendant approached the two women while they were kissing, insulted them with homophobic expressions, made obscene gestures, and spat at them.

The ruling considers that the man acted out of prejudice against the sexual orientation of the victims, and for that reason, the acts are punished as a hate crime and not as a simple lack of respect.

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What is the sentence?

The convicted person must serve six months in prison, pay a fine, and be disqualified for five years from working in education, sports, and leisure. These are the penalties outlined in the ruling:

• Six months in prison, suspended for two years as long as he does not reoffend, pays the compensations, and takes a course on equality.
• Fine of six months with a daily rate of 4 euros (about 720 euros in total).
• Special disqualification of five years for educational, sports, and leisure professions and trades.
• Disqualification from the right to passive suffrage while the sentence lasts.
• 300 euros in compensation for each victim for moral damages, in addition to the payment of court costs.

A ruling of conformity, and already final

This is a ruling of conformity issued by the First Section of the Provincial Court of Madrid. This means that the Public Prosecutor’s Office, the accusation, the defense, and the defendant himself agreed on the penalty and waived their right to appeal.

That is why the sentence is final from now on. For the two women, the process ends almost three years after the assault with a clear recognition: what they suffered was LGTBIfobia, and the law punishes it.

Why is this sentence important?

This ruling reminds us that insulting, humiliating, or spitting at someone because of their sexual orientation can be a hate crime in Spain, with prison and disqualification. The disqualification from working with minors and in sports is one of the most striking aspects: the convicted person will not be able to dedicate himself to those fields for five years.

In addition, the obligation to take a course on equality as a condition for not going to prison points to something more than punishment: the re-education of the aggressor. And it is a message for all those who have suffered a similar assault: reporting helps.

Frequently asked questions

Where did the assault occur?
On Pamplona street in Madrid, on November 5, 2023.

Which court issued the ruling?
The First Section of the Provincial Court of Madrid.

Will the convicted person go to prison?
The six-month sentence is suspended for two years if he does not reoffend, pays the compensations, and takes a course on equality.

Can the ruling be appealed?
No. It is a ruling of conformity and all parties waived their right to appeal, so it is final.