police officers
In Alicante County Court on a recent Wednesday, two men stood trial on charges related to a violent assault that prosecutors described as rape. The case centers on an incident in a Benidorm apartment during Spain’s pandemic curfew, where the defendants allegedly took advantage of a young woman after a night out near the town’s west coast. The events are alleged to have occurred on March 27, 2021, following a birthday gathering in which the victim met the two men who then escorted her to their residence.
Defendants maintain that only one of them had sexual relations with the woman and that she willingly danced, drank, and moved to their flat. The victim testified that she had spent time on the beach with the two men earlier that evening and later awoke in a bedroom at their apartment with no memory of how she ended up there. She suggested that additional factors could have influenced what happened, including the possibility that something had been added to her drink, though she did not state this definitively and no chemical analysis was conducted to test for toxins.
At the outset, the Attorney General sought twenty-eight years in prison for each defendant, alleging two completed sexual assaults. The recommendation subsequently shifted, recognizing that one act might have been an attempted offense rather than a completed assault. With new penalties under Spain’s Sexual Freedom Law, commonly known as the Sexual Freedom Act, prosecutors indicated a similar approach, revising the proposed years. The legislation, often summarized by the phrase yes means yes, shaped the calculations, with eight years requested for a completed rape and three years for an attempted rape. Alternatively, prosecutors proposed charges of sexual misconduct linked to the victim’s intoxicated state, seeking six years for one count and two years and three months for another. The defense called for acquittal.
The accused and the victim had been in separate groups that night on Poniente Beach in Benidorm. The young woman stated she attended a friend’s birthday gathering, and the defendants joined them as the evening concluded by the sea. Given the heightened pandemic alert, the group decided to return home before the curfew, with the victim explaining that she stayed to refill a water bottle and then walk home.
She recounted that she spoke briefly with the defendants, then woke up leaning against a closet while one of them was engaged in sexual activity and the other was guiding the encounter. The victim said she remembered being with them but could not clearly recall what happened. She described limited alcohol consumption that night, mentioning gin and tonic and a shot of rum, and she expressed a strong desire to leave once she realized what was occurring.
The investigation took a turn when National Police officers encountered a suspect roaming through the streets during curfew hours. They stopped him to understand his presence in the area. Officers noted torn clothing and a strong smell of alcohol, prompting further questioning. One officer indicated that some involved individuals claimed to have stayed elsewhere, while the man offered a story that did not align with the circumstances. The officer recalled that the man admitted a sexual encounter with one person but disputed key details, prompting deeper inquiry. When questioned about an address, the accused showed reluctance, and the victim did not disclose the rape allegation during the initial contact, being released only after a friend arrived to collect her. The following day, she filed a police report, explaining that nervousness and a wish to return home influenced her actions at the time.
Citations: Information derived from court proceedings in Alicante and statements from local law enforcement and court records. The narrative reflects the sequence of events as presented during trial, including the victim’s testimony, the defense position, and the prosecutorial arguments under current Spanish sexual offense laws.