Restauranteur receives suspended sentence for exploitation and sex offences

by Lorraine Williamson
restauranteur
del canto chambers 2

SAN SEBASTIAN – A Basque restauranteur was sentenced to a total of twelve years and nine months in prison.

This relates to three Mexican workers illegally brought into Spain and exploited by working at his premises in the town of Irún (Gipuzkoa). Here, he also sexually abused two other employees.

Labour exploitation

The trial was held in a San Sebastián court, during which, the defendant reached an agreement with the Prosecutor´s Office and the private prosecution. As such, he was satisfied with the proposed sentence for the three crimes. These were aiding the entry and transit of foreign nationals into Spain, illegal labour trafficking, and three more of labour exploitation.

Sexual harassment

Two other crimes of abuse and one more of sexual harassment were also identified. Furthermore, the sentence includes an episode of sexual abuse suffered by a woman hired to clean the restaurant. The restauranteur “on some occasions touched the buttocks” with the intention “of satisfying her sexual desires”, “sometimes trying to raise her skirt”.

C&D Solicitors

Long working hours

The ruling confirms the victims were not registered with Social Security and did not have a formal employment contract. They also worked under “burdensome conditions”. Including split shifts with “long hours from Tuesday to Sunday, from 10:00 to 17:00 and from 20:00 to 00:30 ”. And also for very little recompense.

Insufficient sustenance

In addition, the workers were not provided “sufficient” sustenance. Only the “leftover food from the restaurant”, was offered. As such, the accused took advantage of their personal and economic situation.

However, since all these cases each amounted to less than two years in prison, his sentences were suspended.

The defendant must compensate each of his five victims by €5,620. Additionally, he has various fines to pay. And under the terms of his suspended sentence agreement, he must not commit any other crimes. He is also obligated to carry out different community service jobs.

 

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