A waiter working at a bar in Benidorm has been sentenced to six months in prison and ordered to pay a fine of 1,080 euro for humiliating and assaulting two customers based on their sexual orientation. The Third Section of the Provincial Court of Alicante handed down the sentence following an incident involving a breach of fundamental rights and public freedoms.
The court heard that the incident took place on the night of 30th October 2022 at an establishment in Benidorm known for live music performances. The waiter approached a table where the two victims were sitting and asked them an offensive question regarding whether they were gay.
When the pair attempted to leave the premises to avoid further confrontation, the defendant continued his verbal abuse in front of other patrons. With the intent to disparage their dignity based on his prejudices, he made mocking gestures and shouted derogatory remarks as they walked away.
The situation escalated physically at the entrance of the venue. The waiter delivered a powerful punch to one of the men, causing him to fall to the ground, where the defendant then proceeded to kick him. When the second victim tried to intervene to stop the assault, the waiter struck him with a headbutt to the temple. Both victims required medical treatment for their injuries.
In addition to the prison sentence and the initial fine, the court has ordered the man to pay a further 1,080 euro fine for two counts of causing injury. He must also provide compensation of 440 euro to each victim for the physical injuries and moral damages sustained.
The ruling was declared final after a sentencing agreement was reached between the public prosecution and the defendant.
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