High Court of Justice acquits man of sexual assault charges on the Orihuela Costa and Torrevieja

The High Court of Justice has overturned a 15-year prison sentence for a man accused of sexually abusing a minor in Orihuela Costa, according to the official ruling. The accused worked as a gardener at a home in Orihuela Costa, where he met the complainant, a young minor who was employed to walk the homeowner’s dog. The young woman accused him of repeatedly subjecting her to sexual acts, including anal and vaginal penetration, between 2019 and 2021. She alleged that these sexual assaults took place both at the accused’s home in Torrevieja and inside his vehicle in secluded locations.

Based on the minor’s testimony, the Eleventh Section of the Provincial Court, sitting in Elche, originally sentenced the accused to 15 years in prison. However, the Criminal Chamber of the High Court of Justice has now overturned that conviction after questioning the victim’s testimony. The court identified numerous contradictions and generalities in her statement and concluded that there may have been an ulterior motive, as the complaint was filed only after the accused implicated the minor in a robbery they had both committed at the home where they worked.

The accused was initially imprisoned after his arrest for the robbery, at which point he implicated the underage girl. Following his conviction for sexual assault, prosecutors requested his continued imprisonment. The defence barrister, Gregorio Gotusso Fantini, opposed this, asking the court to consider the possibility that the High Court of Justice would accept their appeal, which ultimately occurred. Despite an age difference of more than 20 years, the accused and the complainant had developed a close relationship. Whilst the Provincial Court viewed the victim’s testimony as central evidence, the High Court of Justice determined that the testimony was riddled with vagueness, lacked external corroboration, and pointed towards secondary motives.

During the trial, the young woman testified that she was unaware the accused had implicated her in the robbery, attempting to distance her allegations from any motive of revenge. She claimed she filed the report because she no longer feared the accused while he was in prison. However, the High Court of Justice noted that the accused had already been released for five months when the complaint was made. Furthermore, treating psychologists stated it was impossible to rule out revenge, secondary gain, or a defence strategy, as the disclosure occurred only after she was implicated in the robbery. The ruling also noted she was questioned about 2017 events where she allegedly claimed her mother’s partner had abused her so she could move in with her aunt, a claim she denied during interrogation.

Discrepancies were also highlighted in physical evidence and witness testimony. The young woman told Guardia Civil officers that she sustained injuries from the alleged assaults, but emergency room doctors found no physical injuries. Psychologists testified that the young woman lied to them by concealing her involvement in the events. The ruling further noted that she allegedly coerced a witness into stating he saw the assaults; however, the witness only testified to seeing her with a bruised eye on one occasion, stating he could not confirm her claims of sexual assault. Although she alleged that the accused slapped, hit, and threatened her with a gun, the court found none of these allegations proven. The complaint was filed two days before her 18th birthday, and an expert report assessing the credibility of her testimony was conducted when she was of legal age. Applying the principle of the presumption of innocence, the Civil and Criminal Chamber acquitted the defendant of the continuing offence of sexual assault against a minor, setting aside the 15-year prison sentence, 12-year restraining order, and supervised release. The ruling remains subject to appeal before the Supreme Court.