The Audiencia de Bizkaia has ratified the four-month prison sentence imposed in the first instance on a teacher, although it has revoked the disqualification from employment or public office, ruling out an aggravated abuse of position. The events took place in November 2020 in the cafeteria of an educational center in Bizkaia.
According to the indictment, the minor, who had special educational needs, had previously exhibited disruptive behavior during meal service. In this context, the educator intervened when the child again caused a disturbance, lifted him from his seat, placed him in front of the other students, and pulled down his trousers and underwear, publicly exposing him to his peers.
The Bizkaia court supports the evidentiary assessment made in the first instance and grants credibility to the minor's account, which has remained consistent in its essential elements throughout the proceedings. The tribunal also highlights the statements of several classmates who witnessed the events, as well as forensic reports and initial inquiries conducted after the incident, which reinforce the prosecution's version.
The defense argued that the action had an educational and corrective purpose, denying any intent to humiliate. However, the Court rejects this argument, emphasizing that the determining factor is not subjective intent but the foreseeability of the consequences of the action. The sentence insists on the difference between the child's behavior and the educator's intervention, noting that while the child's conduct might be considered a childish or disruptive reaction, the professional's action transformed the situation by making it a public exposure under adult authority.
Nevertheless, the Court partially upholds the appeal regarding the legal classification, understanding that the aggravated offense of abuse of public office did not occur, as the action took place within the scope of her educational duties, albeit incorrectly. Therefore, it eliminates the disqualification from employment or public office but maintains the conviction for a crime against moral integrity and the four-month prison sentence.
