Man Acquitted of Sexual Assault Charges in Elche

The section of the Alicante Court based in Elche has acquitted a young man of alleged sexual abuse against his flatmate in the early hours of September 8, 2022, in a residence in the Elche area. The Court found that the evidence presented did not reasonably exclude the possibility of consent by the complainant. The tribunal applied the legal principle of 'in dubio pro reo', which mandates resolving in favour of the accused when reasonable doubts about their guilt persist.

According to the facts outlined in the verdict, the individuals involved had a prior relationship with a history of "physical contact and mutual flirting." Both acknowledged having had intimate encounters before and after the incident in question, and no signs of violence or physical injuries were recorded, as confirmed by the forensic report.

The accused, represented by lawyer José Manuel Ortega, stated before the judges that all interactions with the complainant, his flatmate for approximately a year, were "consensual and voluntary by both parties," a fact that has been substantiated according to the judicial resolution.

In his testimony, he described their intimate relationship as including "frequent sexual encounters," sharing space on the sofa, and even sleeping together once or twice a week. He also claimed that their first sexual encounter occurred on the sofa about three months after they began living together, and that their interactions often started with tickling, without either party explicitly asking for permission or discussing the matter afterwards.

Regarding the complaint, the accused expressed that he was unaware of the reasons why the young woman decided to press charges, suggesting they might be due to "jealousy" or a need to "justify to a new partner the sexual relationship they had." During his statement, the accused also explained that they continued living together after the complaint, although he later left the flat. The police, he noted, visited the residence several times due to cohabitation issues, such as noise or other minor disputes.

During the evaluation of the evidence, the tribunal noted that the complainant did not explicitly express her refusal at the time of the events, and that the accused might not have perceived a clear lack of consent. Furthermore, the Court observed significant contradictions and omissions in the version provided by the alleged victim, including the omission of prior relationships or the previous context of closeness.

In this regard, the ruling highlights the difference between the presumption of innocence, which pertains to the burden of proof, and the principle 'in dubio pro reo', which applies in the evaluation of evidence when, despite the existence of evidence, a reasonable doubt about the elements of the crime remains.

The tribunal concluded that it could not be stated with the required certainty that there was a wilful act by the accused, not even as eventual intent, which is why it has issued the acquittal and lifted all precautionary measures agreed upon during the process. The sentence has not been appealed by any party and is final.