Man acquitted of sexual assault charges in Elche

A young man has been absolved of alleged sexual abuse against his flatmate in the early hours of September 8th, 2022, at a residence in the Elche area by the section of the Alicante Court based in Elche. The Court determined that the evidence presented did not reasonably preclude the possibility of the complainant’s consent. The tribunal employed the legal principle of ‘in dubio pro reo’, which requires a resolution in favour of the accused when there are reasonable doubts about their guilt.

The individuals involved had a prior relationship with a history of “physical contact and mutual flirting,” as the facts outlined in the verdict. Both individuals acknowledged that they had engaged in intimate interactions both prior to and subsequent to the incident in question. The forensic report verified that no physical injuries or instances of violence were documented.

The accused, who was represented by attorney José Manuel Ortega, informed the judges that all interactions with the complainant, his flatmate for approximately a year, were “consensual and voluntary” for both parties. This assertion has been corroborated by the judicial resolution.

In his testimony, he described their intimate relationship as characterised by “frequent sexual encounters,” sharing space on the sofa, and even sleeping together once or twice a week. He also asserted that their initial sexual encounter took place on the sofa approximately three months after they began living together. He also stated that their interactions frequently began with teasing, without either party explicitly seeking permission or engaging in follow-up discussions.

The accused stated that he was unaware of the reasons why the young woman decided to press charges in relation to the complaint. He suggested that the reasons may have been motivated by “jealousy” or a desire to “justify to a new partner the sexual relationship they had.” The accused also disclosed that they continued to reside together subsequent to the complaint, despite his subsequent departure from the flat. He observed that the police had visited the residence on numerous occasions as a result of cohabitation issues, including commotion or other minor disputes.

The tribunal observed that the complainant did not expressly express her refusal at the time of the events, and that the accused may not have perceived a clear lack of consent during the evidence evaluation. Additionally, the court noted substantial contradictions and omissions in the version provided by the alleged victim, such as the absence of prior relationships or the previous context of intimacy.

In this regard, the ruling underscores the distinction between the presumption of innocence, which pertains to the burden of proof, and the principle of “in dubio pro reo,” which is applied to the assessment of evidence when, despite the presence of evidence, a reasonable doubt regarding the elements of the crime persists.

The tribunal has issued an acquittal and lifted all precautionary measures that were agreed upon during the process, as it was unable to establish with the necessary certainty that the accused committed a wilful act, not even with eventual intent. No party has appealed the sentence, which is final.