At a restaurant in Barcelona on Pride Day 2019, the gay young man ALC(name withheld) was trying to place his order on one of the establishment’s self-service machines when, according to reports, JMSG(name also withheld) told the young man: “I’m going to make you straight.”
The homophobic, in addition to talking about the clothes and the effeminate appearance of the young gay man, compared the attacked with raped women. According to him, this is because they are provocative: “Better to walk with a bodyguard, because now when you leave, I will give you a medicine that the fag will come out of you”, he shouted. “Let’s get out of here and I’ll make you straight”.
Because of this attitude, the Public Prosecutor’s Office in Barcelona filed a request for 18 months in prison and a daily fine of 12 euros for 9 months for the aggressor, in addition to others 9 months in prison and disqualification for the local security officer. This is because the guard remained only looking at the situation and did not prevent the aggressions from occurring, becoming collusive with the homophobic attack.
The attorney responsible for hate crimes, Miguel Ángel Aguilar, asked the court to decree 18 months of impediment to exercise the profession for the restaurant’s security manager, DJT, who already has a history of reprisals and violence. The prosecutor postulates that the guard, “even knowing the highly conflicting nature of JMS due to previous problems with other clients and the type of person with whom he was related, did not prevent the attack and allowed the act”. After a few moments of humiliation by the victim inside the establishment, the guard informed the Catalonian police that “two customers were threatening each other”.
The entire crime was recorded and images have already been released. The Barcelona Court of Investigation 28 concluded a few months ago that a precautionary measure was necessary and prohibited JMS from approaching the victim. The prosecutor intends to take the case to the last instance to prove discriminatory action against sexual orientation, a hate crime under the laws of Catalonia.
WHEN OMISSION IS A CRIME
In Brazil, according to the Penal Code, in art. 13, § 2, the omission is criminally relevant when the omission should and could act to avoid the result, but does not do so. There are three situations provided for in the code as a duty to act to whom:
1) has by law an obligation of care, protection or surveillance;
2) otherwise, assumed the responsibility of preventing the result
3) with its previous behavior, it created the risk of the result occurring.
The most frequent cases of omission – which are even included in the media and in soap operas – are from situation number 1, in which parents who are responsible for the care, protection and surveillance of children and adolescents omit themselves in the face of sexual abuse, violence and other transgressions of children’s rights, according to the assistant of the Internal Affairs Department of Justice (CGJ-MT) Jaqueline Cherulli.