The Alicante Court acquitted three young men accused of gang raping a 16-year-old girl at one of their homes in the municipality of Novelda, finding no evidence to support the sexual assault other than the complainant’s claim.
The complaint was filed five years after the alleged gang rape, which “makes it difficult to clarify the facts by reducing the possibility” of obtaining data that over time “may lose relevance” such as the presence of biological remains or the physical and emotional examination of the complainant, as well as the account of possible witnesses, according to the Second Section court that tried the case.
According to the prosecution’s indictment, the alleged gang rape took place in the early hours of January 1st, 2019. The complainant was consuming wine with a group of friends at a nightclub in Novelda when she was drawn to one of the three defendants, whom she recognised by sight because they lived in the same town.
The young woman consented to join them at one of the defendants’ homes, and when she arrived, they instructed her to go into the toilet and undress. According to the verdict, the young woman testified at trial that she complied because she felt compelled, and that the three defendants then entered the bathroom and sexually abused her, leaving her unable to intervene because she froze.
The prosecution requested that each of the three defendants be sentenced to 21 years in prison as being responsible for a sexual assault and co-responsible for those committed by the other two defendants, while the defence requested their acquittal after the three defendants denied having sexual contact with the complainant and knowing her.
According to the court ruling, the complainant told some friends about what happened a few days after January 1, 2019, but did not file a formal complaint until five years later, in September 2023, after meeting one of the defendants on the street and arguing with him for unknown reasons.
The court adds that there is no additional evidence beyond the complainant’s testimony and that there is no certainty that the girl was ever at the home of one of the accused, as one of her friends who testified at the trial only stated that he saw the complainant with the defendants on the street.
The sentence may be appealed to the High Court of Justice (TSJCV) within ten days of notification.
Author: Derek Appleton
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