The TS ratifies the contradictions of the complainant and acquits the accused

The TS ratifies the contradictions of the complainant and acquits the accused

The Supreme Court has confirmed the acquittal of a young man accused of sexually abusing a woman, whom he met in a nightclub in Las Palmas de Gran Canaria, for the “contradictions” of the complainant by narrating the facts throughout the entire procedure.

The events occurred around four in the morning on December 6, 2018, when the woman –a 19-year-old student of German nationality– She was at the Urban nightclub in Las Palmas de Gran Canaria, with three friends having a few drinks, and there she met an 18-year-old young man.

The facts

According to him report of the facts of the lower court ruling handed down by the Provincial Court, after dancing, they left the nightclub and began to walk through the surrounding streets of the port area of ​​the capital of Gran Canaria, talking and even kissing when, at a given moment, she began to feeling bad and sat on the sidewalk.

The sentence states that after that, he sexually abused the young woman while she told him to stop and take her back to the club, which finally happened.

At the trial, the accused denied the facts and alleged at all times that the sexual relations that both had on the street were consensual. «She took the initiative to kiss me, she placed her hand on my genitals and we began to masturbate mutually. Then, a few minutes later, she began to perform fellatio on me until people arrived and I told her to stop and go to another more intimate place,” she declared at the trial. They went to another street and the defendant explained that they started again “kissing and touching us until I finished and ejaculated between my pants and the floor.”

Next, the young man explained that “I told him to give me the phone number and he replied that he didn’t know.”, but she added me to her Instagram, so she took my phone and she put up her profile herself. Then, she started to feel bad and I grabbed her head to go to the nightclub to look for her friends,” she added.

The Second Section sentenced the accused at the time to a sentence of four years and six months in prison for a crime of sexual abuse but the Criminal Chamber of the Superior Court of Justice of the Canary Islands acquitted him on appeal, so the young woman appealed to the Supreme Court in cassation.

Now the Criminal Chamber of the High Court ratifies the young man’s acquittal by highlighting “the contradictions observed in the testimony of the victim and her friends” and the doubts generated by the conviction of the Provincial Court, applying the ‘in dubio pro reo’ principle that favors the accused in case of doubts.

For example, the woman initially stated that she had been taken out against her will by a stranger and, however, “before the investigating judge she stated that she came out when he asked her to and ended up leaving because he grabbed her wrist, that He did not coerce her or threaten her and she does not know why she left. In it oral trial reiterated that he did not force or threaten herand she left freely and voluntarily, also stating that he kissed her and she followed the kiss,” highlights the judicial resolution.

She highlights more contradictions about the behavior after the alleged sexual act, which she defines as an assault and he as a voluntary act, «a situation that does not logically combine with the subsequent action when the two appeared together holding each other’s waist walking towards the group of friends, where they saw a police vehicle pass by, to which no one wanted to go.


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