Five ladies accuse a police officer with whom that they had relations with out understanding that he was an infiltrator of sexual abuse The agent entered anarchist and sovereignist organizations in Barcelona with a false identification The deceived ladies perceive that their consent to sexual relations was “tainted” by lies of the policeman
He was a joker, attentive, affectionate, he didn’t cease flirting. Thus he managed to have sexual relations, successively or in some circumstances additionally concurrently, with not less than eight ladies in lower than two and a half years. He deceived all of them and now 5 have sued him and his superiors as a result of they perceive that his consent to have intercourse was “tainted” by lies.
He lied, to start with, together with his identify. He launched himself as Daniel Hernández Pons, a “true anarchist”, he stated, who arrived within the Barcelona neighborhood of Sant Andreu de Palomar in the summertime of 2020. He placed on earrings, acquired tattoos, muscled up and left a crest on his hair. Actually, he was a National Police. And he used the relationships that he established with ladies to get into the Catalan anti-capitalist and sovereign actions to which they belonged, as revealed by the Directa cooperative media.
The criticism claims that the false Daniel Hernández (his ID was false, offered by his hierarchical superiors) reply for constantly sexually abusing ladies, since they had been additionally affective relationships that in some circumstances lasted for months.
Can or not it’s thought of that there was consent?
The criticism focuses on the truth that the lies of the infiltrated agent “tainted” the consent of the ladies. The Penal Code, as amended by the so-called “solely sure is sure” regulation, considers sexual assault, “any act that violates the sexual freedom of one other individual with out their consent.”
In this case, that consent existed on the time, however the deceived ladies have acknowledged that they might not have had a relationship with this particular person if that they had identified that he was a police officer. They denounce that having been intimate with this individual has affected his bodily and ethical integrity.
It doesn’t appear straightforward that this could match into the Penal Code. The consent, on the time, was produced with out intimidation or chemical submission. A sufferer has the appropriate to withdraw consent from her at any time. But on this case the revocation of consent is, for example, retroactive, after the sexual relationship.
The determine of the secret agent
In addition, though dishonest in affective relationships has been condemned on different events, it has been when it was proven that the impostor obtained some sort of materials profit with the dishonest. This has occurred in several circumstances of the so-called love scammers who appropriated cash and property from their victims.
In this case the policeman obtained data. Did you might have authorized protection or had been you licensed to have these sexual relations? The Minister of the Interior must reply for that. United We Can, its authorities companion, has already launched these questions in Congress. After all, it was not an anti-terrorist operation or in opposition to some legal group.
Nor does it seem that on this event there have been lives at stake, nor that the integrity of the State was at risk. When this policeman appeared in Barcelona, the leaders of the procés had been sentenced for nearly a yr and the scenario was removed from that of 2017. There isn’t any document that any crime was dedicated within the teams into which he entered.
The police or political justification for the actions of this agent could also be questionable, neither is it harder to find out if it was legal. The infiltration of brokers in organizations that wish to be investigated have to be protected by the authorization of a choose. It is often authorized for six extendable months. It is hardly justifiable for a choose to help an operation that lasted from June 2020 to October 2022 and during which there was no imminent risk. But there are various data duties, during which an agent hides her identification, that don’t require this process.
In truth, there isn’t any document that the alleged Daniel Hernández Pons ever had the standing of secret agent. He acted, as occurs most often, to have details about what occurs in sure social environments. Only when there’s some indication of a criminal offense and the circumstance might come up that the agent has to become involved or act within the space closest to his fee with the goal of constant to acquire data, do you go to a choose.
Sex with the investigated, attainable however not really useful
Did the agent have a margin of motion to become involved in sexual and affective relationships? Yes, though it’s not really useful, as a result of it’s understood that it might probably go in opposition to the investigation, because the policeman might find yourself changing into a part of the setting that he needed to examine.
In any case, the superiors of this agent should supervise the boundaries that the policeman exceeds, as a result of the deception suffered on this case by a number of ladies isn’t solely dedicated by a personal man, it’s finished, one way or the other, within the identify of the State.
Crime in opposition to privateness and the UK precedent
If it’s decided that this agent has adopted a disproportionate conduct of deception to acquire data, it could possibly be thought of a criminal offense in opposition to privateness, since he acquired totally into the lives and houses of those ladies.
There is a latest precedent within the UK. In January 2002, Kate Wilson, an environmental activist, obtained compensation of greater than 250,000 euros. She was arrange by married agent Mark Kennedy, who had a two-year relationship together with her. In all, she had relationships with ten ladies throughout her data work. The one who paid the invoice was the Police and it was thought of that there was a critical supervision failure in permitting them to hold out these behaviors for thus lengthy.