A diving instructor faced a court today over allegations of sexual assault on a German tourist aboard a boat off Cabrera. The defense claimed the encounter was consensual, arguing that both parties agreed to the act and that the man had simply been enjoying the moment. According to the defendant, the rendezvous began while his family was diving nearby; after returning to shore, the group went to have a beer as they normally did. The prosecutor requested a ten-year prison sentence for sexual assault. The young woman maintained that she had been forced into intercourse and confirmed she had filed a complaint.
The incident is dated July 15, 2020. A man and his two daughters rented a boat and joined a diving trip arranged by a Santanyí-based company they had used for several years during their island holidays. A guide accompanied them and took them toward the Cabrera area for their excursion. The 40-year-old defendant allegedly took advantage of being left alone with one of the 20-year-old participants, slipping into intimate contact and ultimately forcing sexual intercourse according to the public ministry. It was claimed that the woman could not seek help at that moment. The young woman suffered a severe traumatic impact, with depressive symptoms that worsened as a result of the assault. The defendant’s account suggests a different sequence, stating that he and the woman engaged in sexual activity after the first dive and that they remained together while her father and sister explored the sea further. He described an atmosphere of mutual consent and companionship, insisting there was shared “complicity.”
The accused described touching as consensual and not rejecting her advances, claiming, “I was having fun.” He acknowledged that the woman reportedly told him to stop on several occasions due to a preexisting relationship with another person. He asserted that the contact continued, that he did not push the woman away, and that his actions were ongoing until the end of the boat trip. After the first dive, he said, they both stayed on the boat while the rest of the group returned to shore for another dive, and when they finished, they all went ashore for drinks without incident.
The young woman testified on her own behalf, stating clearly that she was raped. She explained that she had an accident during the first dive of the day and decided to remain on the boat for the remainder of the trip, leaving the monitor to accompany another group. She described a lack of dialogue and flirtation, saying the man sat behind her, kissed her neck, and pressed for more contact. She recounted trying to push him away with her hand and repeating a firm “no” several times, eventually moving to the far end of the boat, only to be followed. She said she was terrified and feared falling overboard as the situation escalated. The monitor later supported her account by stating that the man did not respect her boundaries and persisted despite her attempts to resist. The witness also recounted that the monitor urged the woman to ask him to stop multiple times, and that the assault ended with the man’s forceful penetration against her will, leaving her shaken and frightened. The case continues under the scrutiny of the Palma District Court, where both sides presented their arguments and medical assessments are likely to play a role in the final judgment.