A provincial court in Spain cleared a 24-year-old man of sexual assault charges brought by an American student in Alicante. The court determined there was insufficient proof that the student opposed the relationship or that the prosecution had overturned the presumption of innocence guiding the defendant’s conduct. The verdict came after the defense, led by attorney Eva Alós, challenged the eight-year prison sentence sought by the Fiscalía, or Public Prosecutor’s Office.
In the July ruling by the Second Section, the court noted that the defendant was 21 at the time the events occurred. On July 10, 2021, he reportedly met a 20-year-old American student outside a nightclub in Alicante. Around 12:30 a.m. on July 11, the student and two friends accompanied the defendant and another man to Postiguet beach. They swam together and, afterward, the defendant accompanied the student to her home on Avenida Alfonso El Sabio.
Sexual relations
Both parties reportedly accessed a digital portal, began exchanging kisses, and ultimately engaged in sexual activity. The ruling notes that there is no proven evidence that the student, who later went to a hospital and filed a complaint the following day, demonstrated a clear opposition to vaginal penetration.
The defendant testified at trial that the encounter consisted of consensual sex during the beach visit, and the medical report did not show injuries. The student who reported the alleged sexual assault later indicated that she could not clearly recall whether vaginal penetration occurred. While the court found the student’s testimony credible, it questioned the overall facts and applied the principle of “in dubio pro reo” — the presumption of innocence in cases where the facts are not conclusive.
The tribunal’s decision, rendered after carefully weighing the available evidence, stressed that the lack of decisive corroboration and the absence of certain key details prevented a conviction beyond reasonable doubt. The judgment reflects a cautious approach to the case and emphasizes the need for concrete proof when questions of sexual consent and alleged assault are involved. The court also highlighted the importance of safeguarding a defendant’s right to due process while ensuring that the testimonies presented are evaluated with due scrutiny. The acquittal closes this chapter but leaves open questions about how similar cases will be assessed when memories blur and the specifics of consent are contested, a concern echoed by legal observers in Alicante and beyond (citation: provincial court ruling, July, Second Section).