Antonio Cabrera
The TS confirms 7 years in prison for a psychiatrist for sexual abuse of a patient
And three and a half years of special disqualification from exercising the profession of doctor and psychotherapist
Rosaline Moreno
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03/12/2021 12:43
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Updated: 03/12/2021 12:48
This news talks about:
sexual abuse
Criminal law
Criminal Chamber
Supreme Court (TS)
The Supreme Court (TS) has confirmed a sentence of seven years and one day in prison, and three and a half years of special disqualification from practicing the profession of doctor and psychotherapist of a psychiatrist who sexually abused a patient in Santa Cruz from Tenerife.
This is Antonio Asín Cabrera , 73 years old, a collegiate doctor in a provincial capital of the Canary Islands who has been dedicating himself to the specialty of psychiatry for more than 40 years.
The court of the Criminal Chamber has dismissed the appeal filed by the convict against the sentence of the Provincial Court of Santa Cruz de Tenerife, which imposed this sentence on him in October 2019 for a continued crime of sexual abuse with carnal access , and to compensate the victim with 20,000 euros for the damages suffered.
The Supreme Court ruling is number 920/2021, of November 24.
It is signed by the magistrates Manuel Marchena Gómez (president), Ana María Ferrer García, Carmen Lamela Díaz, Ángel Luis Hurtado Adrián , and Juan Ramón Berdugo Gómez de la Torre, who has been the rapporteur.
THE PROVEN FACTS
According to the proven facts, the victim went to the convict’s office in 2015 due to referral from a psychologist due to suffering from an eating disorder, and from that date until the first months of 2014, Asín Cabrera treated her, with a pharmacological regimen, psychotherapy sessions and consultations. follow-up, “which generated an intense therapeutic bond”.
Over the course of those years, he prescribed numerous anxiolytic and antidepressant drugs whose pattern and dosage he controlled. Specifically, he prescribed her and she took lexatin, deprax, tepazepam, rexer, lormetazepam, rivotil or clonazepam, “Drugs that directly affected his ability to make decisions.”
At the same time, the patient began and completed training promoted by the psychiatrist’s recommendation, which was developed through internship meetings lasting three to five days and required the student to present his complete autobiography in order to as indicated, to be able to get to know the origin of their problems. She also proposed to him, “indicating that it would help him open his consciousness and heal faster, to develop group sessions with the use of psychotropic and narcotic substances.”
«Following his guidelines, on at least one occasion, and without stating his date, he intervened in a group session with the use of MDMA and a joint of grass , and another in which Asín «injected all the attendees, intramuscularly, ‘ Imalgene 50’ , a dissociative anesthetic for veterinary use, whose main active component is ketamine, a product that produces a state of unconsciousness in people in which they are not asleep, but disconnected from the body and the environment». In addition, the patient attended, on her recommendation, other workshops, courses and seminars, even repeating some of them.
As explained by the Court (Sixth Section) in its sentence, as a consequence of all of the above, the convicted person “had complete knowledge of all the personal and family privacy” of this person, “of his moods and emotional weaknesses, becoming a benchmark for her , whom she admired and respected, trying to comply with all her instructions, one of them being that she had to free herself in sexual matters since he told her that this dimension had her very blocked and was the origin of her problems».
Thus, in December 2012, the condemned man, “guided by the purpose of satisfying his lewd desires, taking advantage of the ascendancy he had” over this patient due to the circumstances already described that placed her “in a plane of dependency and submission to his indications, as well as taking advantage of the knowledge of all his weaknesses and emotional springs, managed to get her to perform fellatio on him, thus omitting his duty to ensure his health and well-being.
An action that “was repeated on indeterminate occasions until May 2014”, consisting of oral and also vaginal intercourse. As a result of these events, the victim suffered post-traumatic stress symptoms and anxiety-depressive symptoms, requiring psychological assistance for healing.
WHAT THE C