<center>SEXUAL BULLYING.- PROOF.- RULES OF EXPERIENCE.- The rules of experience say us that in a supposition of prolonged labour bullying, with multiple episodes that initiate with interferences of scarce entity that go aggravating over time, is practically impossible to establish with absolute temporary precision the moment in that it initiated the bullying, or that in which it breaks definitively the labour relation of *compañerismo polite that treats to conserve the victim. *Máxime When the initial episodes are used to to have scarce entity, without that the victim attribute them generally an excessive importance, trusting that the rejection was sufficient to solve the problem without need of confrontation or complaint.
IDEAL CONTEST AMONG SEXUAL BULLYING And PSYCHIC INJURIES.- In the agreement of 10 October 2003 the last fundamentacion of the application of the contest of norms, and no of the ideal contest, *seapoya in that «the alterations *síquicas *ocasionadas to the victim of a sexual assault already have been taken into account by the legislator to the *tipificar the behaviour and assign him a pity», and the consequence is that «*ordinariamente remain consumed by the corresponding criminal type». The expression, «*ordinariamente» indicates the general rule, admits exceptions since his application depends on that it treat of psychic consequences that go inexorably joined to the own sexual assault, like consequences *ineludibles or at least generalised, like *sucede with the tension, the stress or the anxiety and feeling of fear that of ordinary form *suceden to any assault of sexual nature.
In the doctrine of this Room admit exceptions for suppositions in that the psychic results of the assault, abuse or sexual bullying surpass the normal consideration of the *conturbación *anímica and achieve an autonomous nature like typical results of the crime of psychic injuries, purchasing a disproportionate magnitude to which can have been taken in account when penalising the act against the sexual liberty and *merecedora of reproach penal specific. Always, obviously, that *concurran *losdemás typical elements of the crime of injuries, that is to say the assistance *facultativa and the medical treatment that express, clearly, the diagnostic of the illness and have the precise treatment for his health. To achieve a *subsunción autonomous in the crime of injuries, concurrent according to the rules of the ideal contest, is precise that the psychic consequences appear clearly determinate and exceed of what could consider resulted and ordinary consequence of the assault.
And in the current case is what *sucede, as the continuity of the bullying, his permanence and reiteration through multiple actions differentiated, verbal and even physical, the police field and be a member of the one who produced , as the victim was a young civil guard recently *ingresada, in the initial part of his career whereas the convict was a very experienced guard, the gravity and *grosería that achieved his insinuations and requests of sexual favours, etc., finished causing no only the typical result of the crime, a situation of hostility and humiliation, but also a consequence differentiated, further of the stress and anguish typical of these situations, that determined in the victim a true psychic illness, diagnosed *siquiátricamente, that prolonged in the time and needed a prolonged treatment, that is to say an autonomous result of psychic injury, no spanned by the moderate *penalidad legally warned for the crime of bullying.
VERY JURIDICAL PROTECTED.- The harm that produces the sexual bullying in the work or in the studio is not alone individual but collective because it affects to the status of all the workers or students, mainly to the women although no only to them, and prejudices to the society in his set.
BEHAVIOUR TIPICAL.- In the current case suffices the reading of the relate *fáctico to appreciate that we find us in front of an objectively ideal behaviour to generate a situation gravely *intimidatoria, hostile and *humillante, so much by his reiteration as by his intensity and by the military environment, that by his own nature is respectful and disciplined, in which it executes the action sanctioned. The initial commentaries, to *losque the victim procures not giving importance, go going up of tone until terms of a *grosería *inimaginable, manifestly *humillantes *paracualquier person of a normal sensibility. The reiteration, the climbing *yla reprisal in front of the refusal of the victim to yield to his *procaces provocations, stress the gravity of the behaviour of the accused, manifestly improper of the Body to the that serves, and put of relief a notoriously hostile result and *humillante, that integrates the fourth requirement of the criminal type object of sanction.</center>
