The trial for sexual abuse against a former teacher at the Alfonso Spínola school in Teguise was adjourned this Thursday for sentencing, with a request for six years in prison by the prosecutor, who after the hearing maintained the conclusions of his indictment.
The Second Section of the Provincial Court of Las Palmas must now decide whether to give credit to the girl's version - who has not provided witnesses, but has the expert report of the psychologists, who have described her account as “credible” - or to that of the teacher, Wenceslao P. R. He has denied the facts and has dedicated most of his statement to questioning the minor, who was 10 years old when the events allegedly occurred. Specifically, it is being judged whether there were inappropriate sexual touching by the accused, who had already had other complaints for similar events, as highlighted by both the Prosecutor's Office and the private prosecution.
At the beginning of his testimony, the accused began by stating that he had with the girl “the same relationship as with the rest of the students,” although he later insisted on describing her as a girl with “behavioral problems,” while also stating that she was the one who had “excessive confidence” with him.
“More than once I had to call her attention for the excesses of confidence, which I had not given her,” he assured. “The affection that they give you at home, not with me,” he claimed he once told the girl. According to him, when arriving in class, the girl “grabbed his cheeks” and once gave him a kiss. He even stated that one day while walking through the school, the minor gave him “a slap on the butt,” and another time ran her hair over his arm “as if it were a feather duster.”
During the hearing, eight teachers from the school testified, including the principal, as well as three classmates of the alleged victim, and the defense did not ask any of them about those alleged episodes of the girl towards the teacher, so no one has confirmed them.
"She was like a 10-year-old girl"
The witnesses, all provided by the defense, agreed that they did not witness the events reported by the minor, and the interrogation by her lawyer was aimed at describing what her colleague was like, with whom several have indicated that they had a “very good” and “excellent” relationship, and what the girl was like.
Regarding the student, none have described her as a conflictive girl. Only one teacher, who has acknowledged that she “did not know her,” because she never taught her, has stated that she heard “comments from other girls” saying that “she is capricious and that to get her way, she sometimes lied.”
However, the teachers who did have her in their classes have described her as a “quite active, motivated, and participatory” girl. The most that some have said, in response to questions from the defense lawyer, is that she was “a little” restless. “She was like a 10-year-old girl. Cheerful, dynamic,” said the school principal.
Regarding her academic performance, none have referred to it being bad. Only one has pointed out that he heard the accused tell the girl's father that “she was a bit rushed and that her performance was dropping a bit.”
“With me, she was a normal student. I didn't have any problems,” added the teacher who replaced the accused, when he took medical leave, 20 days after the complaint was filed.
The accused, for his part, has repeatedly described the girl as “disruptive,” stating that “the calls for attention were constant in class,” that she had “behavioral problems,” and that in two of the three subjects he taught her, she had failing grades and in the other she was “quite weak.”
A teacher with "different" methods
During the interrogations of the witnesses and when presenting his final conclusions, the lawyer of Wenceslao P. R. has insisted on describing him as a “special” teacher, who used “different” methods, creating groups in class among the students and promoting a “cooperative work.”
“They put obstacles in my way from minute one,” declared the accused, pointing out that he generated mistrust both in the parents and in his colleagues, because “it is easier to work with the book and the notebook.” However, at the same time he has defended that other teachers used him as an example and that they even asked him to attend his classes to take notes. Specifically, he has referred to one, who has testified as a witness and has also assured that “the children were delighted.” According to the defense, everyone called him “Wences.”
However, the accused has also acknowledged that he had complaints and denunciations, and the school principal has also confirmed this, although she has specified that not for issues of a sexual nature, but apparently for the use of swear words in class.
“I am aware of a complaint to the Inspection for the way he addressed the students,” the principal clarified. Then, in response to questions from the prosecutor, she acknowledged that she also knew that in his previous center, in Las Palmas de Gran Canaria, he had been denounced for a similar event to the one being judged this Thursday.
Confirms another previous complaint and does not answer if there have been others afterwards
When the Prosecutor's Office has interrogated him about that previous complaint, the accused has begun trying to avoid that question, and the prosecutor has had to repeat it up to three times. “In Las Palmas they wanted to play me well,” he ended up responding, pointing as responsible to the principal of that center, and assuring that he was not convicted.
The prosecutor has also asked him about two other administrative complaints that were registered in Lanzarote, before the Educational Inspection, but he has denied it. “They have not reached me personally,” he has assured, before what the prosecutor has reiterated that they were presented in 2018 by two students, and that they were also related to touching of a sexual nature.
In addition, other subsequent complaints could have been added to these, but the accused has refused to answer. It was the lawyer of the private prosecution who asked him about it, and the lawyer of Wenceslao P.R. has tried to prevent the question from being accepted, stating that “it was not appropriate.”
However, his complaint has not been accepted by the magistrate, who has reminded the accused that if he wanted he could not answer. That is what he has finally done, after looking at his lawyer to receive his confirmation, thus leaving in the air the answer to whether he received other complaints after this one.
"Mom, I don't know if I should tell you something"
The mother of the minor has also testified in the trial, explaining that her daughter told her what was happening on October 20, 2019. According to her account, when she arrived home, the girl began to follow her, until she said: “Mom, I don't know if I should tell you something.” Then she told her about her teacher, who was also her tutor, and told her that he had “touched her with his hand on her thigh and then reached there.”
“She did not verbalize what 'there' was. She pointed,” the mother explained. Her response was to tell her that she “was not to blame for anything” and that she “had been very brave,” and both began to cry. Afterwards, she went to the school to talk to the principal and, after consulting with the Educational Inspection, she told her to go to the Civil Guard to report it, which is what she did.
“I find out through the Civil Guard, who come to arrest me at the educational center,” the accused has declared. However, he continued to teach classes at the school, even to the alleged victim, despite her mother requesting a change of group. What they did was put a person from the management or another teacher to “watch” Wenceslao's classes.
“She was quiet, calm. The times that I was there, she did not participate,” declared one of the teachers who “watched” those classes after the complaint, pointing out that “probably” her attitude was not “normal.” “She was nervous,” said the principal, who also attended some of those classes, and has related that the girl avoided addressing the teacher.
Finally, 20 days after the complaint, the accused stopped working. “When I presented a second written complaint, I got like a motorcycle. My blood pressure went up and I went to the doctor. He gave me sick leave and told me: You've taken a long time,” he declared, specifying that he has not taught classes again and that he is currently on permanent disability. “I made the decision to leave teaching definitively.”
However, during the interrogation he has assured that “as of today” he still “has a clear conscience.” Afterwards, in his turn for the last word, he has used it only to correct the prosecutor, pointing out that in Gran Canaria he did not teach classes in a vocational training center; and also to the lawyer of the prosecution, telling him that he “confuses Labor Inspection with Educational Inspection.”
"She does not have a bad attitude towards the school or towards the teachers"
For their part, the two experts who have testified in the trial have ratified the report they issued after interviewing the girl as a result of the complaint, and have confirmed that her account is “credible.”
In addition, they have highlighted aspects such as that “she does not present school maladjustment” nor does she have “any problem at school.” “She does not have a bad attitude towards the school or towards the teachers,” said one of the psychologists.
Regarding the consequences of these alleged episodes for the girl, both have agreed that she did not have “sequelae,” but “yes emotional affectation, adjusted to the nature of the event.”
Regarding whether she could have them in the future, they have pointed out that “it depends” on what has been happening afterwards. “It is true that the event is not very serious,” one of them has pointed out.
Specifically, the trigger for the complaint was that episode in which he allegedly touched her thighs up to the level of her private parts, but the girl has also related other events, such as one day when he made her sit on his knees and also touched her thighs; and another in which he gave her “a bite” on the ear. Both the mother and the minor have stated that since then she has been going to therapy.