The Alicante Court of Appeals acquitted a man accused of sexually abusing his ex-partner in Benidorm after reviewing the WhatsApp messages the victim sent him following the incident. The event took place in Benidorm in July 2023, when the defendant visited the complainant’s residence despite a restraining order. However, this crime was considered proven, and the offender was sentenced to nine months in prison.
The defence attorney, Miguel Torres Pardo, produced the messages, which were reportedly sent by the victim to the accused after the day she claimed to have been raped at his residence. “You’re gone now, and I miss you already,” During the trial, the victim confessed to sending the accused texts such as “I love you, my love,” and “buy some condoms.”
Contradictions
The court finds discrepancies in the victim’s account, such as the fact that she sent these texts when the defendant was allegedly present at the house. These messages, the court believes, undermine the credibility of her testimony concerning an alleged sexual assault and forced cohabitation in the days that followed. It also states that they contradict an alleged forced sexual relationship.
However, the court determines that the defendant breached the restraining order he had against his ex-partner by showing up at her residence on July 19. Because this was not the first time it had happened, it is considered aggravating to have repeated offences. The person was charged with three different offences that month, but only one was proven. On that occasion, National Police officers spotted him near the victim’s home. In fact, the individual was in pretrial prison for these offences. The Prosecutor’s Office sought up to 15 years in jail for the offence of sexual assault.
Author: Derek Appleton
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