Recently, the Military Chamber of Spain’s Supreme Court (Sala de lo Militar del Tribunal Supremo) issued a final ruling in a high-profile case of police negligence, dismissing an appeal from a Civil Guard sergeant and upholding his administrative penalty of a “20-day suspension with corresponding loss of pay”. The case highlights the critical importance of law enforcement’s duty to protect in gender-based violence incidents.
Case Background: Victim Attacked Again After Officer’s Departure
The incident occurred in June 2023, when the Civil Guard sergeant was dispatched to a residence to assist with a domestic violence call. Upon arrival, he learned that the abusive male partner had fled and had not yet been apprehended. However, the sergeant failed to take adequate protective measures. He merely verbally advised the female victim to go to the hospital for an injury assessment and to file a formal report, then left the scene, leaving the victim and her child alone at home.
Shockingly, approximately two hours after the officer left, the abuser secretly returned to the home and subjected the victim to a second, more severe violent assault.
Gross Negligence: Flawed Risk Assessment and Lack of Protection
An official post-incident risk assessment revealed that the victim was in a state of “extreme risk” at the time. The court’s judgment noted several aggravating risk factors, including a history of violence, the victim’s emotional or financial dependence on the abuser, and the presence of minor children. Under these circumstances, the highest level of protection protocol should have been activated.
However, the sergeant in question made a severe error in judgment at the scene. He failed to accurately assess the immediate potential danger and did not provide security measures as required, such as escorting the victim or applying for an emergency protection order. His actions were deemed a “serious breach of professional duty and gross negligence” by disciplinary authorities, constituting administrative misconduct.
Judicial Ruling: Supreme Court Rejects Appeal, Upholds Original Penalty
Although a criminal case regarding the matter had been previously dismissed, the Civil Guard’s internal disciplinary proceedings found the sergeant administratively liable. The officer contested the penalty, appealing through the ranks up to the Supreme Court’s Military Chamber.
In its final judgment, the Supreme Court emphasized that when handling gender-based violence cases, law enforcement officers must prioritize the victim’s safety. The court found that the sergeant, knowing the abuser was at large and the danger was not neutralized, left the victim in an unprotected situation, and his actions directly contributed to the second assault. Therefore, the court ruled that his grounds for appeal were unfounded, legally dismissed the appeal, and upheld the original administrative penalty.
