The High Court of Justice of the Valencian Community has overturned a 15-year prison sentence imposed on a man accused of repeatedly sexually assaulting a minor in Orihuela Costa.
The court acquitted the defendant after concluding that the evidence was insufficient to overcome the presumption of innocence. Its ruling questioned the reliability of the complainant’s testimony, describing it as containing “generalities, vagueness and retractions” and lacking independent corroboration.
The defendant, who has not been identified, worked as a gardener at a property in Orihuela Costa, where he met the complainant, who walked the homeowner’s dog. There was an age difference of more than 20 years between them, and the court heard that they developed a close relationship.
The young woman alleged that the defendant subjected her to repeated sexual assaults between 2019 and 2021, including vaginal and anal penetration. She claimed the incidents took place at his home in Torrevieja and inside his car after he drove her to secluded locations.
Relying primarily on her testimony, the Alicante Provincial Court’s Eleventh Section, sitting in Elche, convicted the man of a continuing sexual offence against a minor. He was sentenced to 15 years in prison, together with 12 years of restraining measures and supervised release.
However, the High Court found significant weaknesses in the prosecution case and said there was no sufficient external evidence supporting the allegations.
Possible Revenge Motive Examined
The court also considered whether the complaint could have been influenced by a separate burglary involving both the defendant and the young woman.
The man was arrested and imprisoned in connection with that offence after implicating the complainant. The sexual assault complaint was subsequently filed two days before her 18th birthday.
At trial, the young woman said she had been unaware that the defendant had implicated her in the burglary. She maintained that she reported the alleged assaults because she no longer feared him while he was in prison.
However, the High Court noted that he had been released approximately five months before the complaint was lodged.
The ruling referred to evidence from psychologists who treated the complainant. According to the judgment, they said that the possibility of “secondary gain, revenge or a defence strategy” could not be categorically excluded because the allegations emerged after she was implicated in the burglary.
The court also examined inconsistencies surrounding the alleged injuries. The complainant told Guardia Civil officers that she had suffered injuries during the assaults, but no injuries were recorded when she attended an emergency department.
The judgment further stated that the psychologists said the young woman had withheld information from them concerning her involvement in the burglary.
A witness whom the complainant allegedly encouraged to support her account did not confirm seeing an assault. The witness testified only that he had once seen her with a bruised eye and that she had mentioned a sexual assault, although he did not know whether the allegation was true.
The complainant had also alleged that the defendant slapped and struck her and threatened her with a firearm. The High Court concluded that these claims had not been proved to the criminal standard.
After reviewing the available evidence, the Civil and Criminal Chamber ruled that the original conviction could not safely stand. It therefore applied the presumption of innocence, overturned the prison sentence and acquitted the defendant.
The ruling is not final and may be appealed before the Supreme Court.
