Court of Alicante A 43-year-old man accused of sexually harassing a woman with whom he shared a boat trip from the capital Alicante port to Italy was acquitted Tabarca Island With a group of acquaintances between 21-22 September 2018.
The sentence imposed by the Third Division court considered that there was insufficient evidence, neither in the investigation nor in the course of the trial, to prove that a non-consensual sexual intercourse could have occurred, as alleged by the complainant. Sufficient evidence was provided to confirm his version.
Therefore, the Provincial Court concluded that “it has not been proven that the defendant had sexual intercourse with the complainant without her prior express or implied consent.” In this regard, it is understood that “the absence of secondary supporting data prevents the court from considering the complainant’s statement sufficient as prosecution evidence.”
Most importantly, as he puts it, “He couldn’t remember whether he gave consent or not.” and stated that she “believed” that she was not having sexual intercourse simply because he would never agree to continue a relationship without a condom, and that she did not feel any attraction towards the defendant.
chemical shipping
The judicial decision includes details of the results. urine analysis Examinations carried out when the Complainant went to a hospital emergency room after returning from the trip exclude the presence of “opioid drugs”, thus “the hypothesis that he was exposed to a situation that cannot be considered proven”. As the Complainant stated in his statement, he was “administered with chemicals” because some drugs were spilled into his drink.
Rather, this analysis detects the presence of: 1.17 grams of alcohol per liter, Although it was stated in the same decision that the defendant, the complainant and the witnesses who testified at the hearing all reported that they drank beer and wine during the journey, the moment of ingestion could not be determined.
Likewise, the court adds that the defendant always accepted this claim. sexual intercourse without condom and claimed that he consented without rejecting the contact. This version contrasts with the version expressed by the complainant, about whom the Alicante Court said he “always said that he had vague and uncertain memories of what had happened.”
For all these reasons, the sentence accepts the release of the defendant from the sexual abuse and psychological injury crimes charged against him.