The Provincial Court of Alicante has acquitted a massage therapist who had been accused of sexually assaulting a minor under the age of 16 during a massage session at his home in Sant Joan d’Alacant. The court concluded that the evidence presented during the trial was insufficient to substantiate the allegations made against the defendant.
The reported incidents date back to 14th May 2022, when the defendant visited the family home to provide a massage that the mother of the adolescent had booked. While the court confirmed that the service took place, it determined that there was a lack of adequate proof to establish that the professional committed any sexual acts as alleged.
The judicial ruling noted that the prosecution relied solely on the testimony of the minor, without additional evidence to support her account. The magistrates also highlighted inconsistencies and hesitation observed in the adolescent’s statement throughout the proceedings.
Furthermore, the court pointed out that there were no medical reports from any examination of the minor confirming a sexual assault, nor were there any DNA samples available to verify the claims.
Consequently, the court found the available evidence insufficient to overturn the presumption of innocence of the defendant, applying the legal principle of “in dubio pro reo”, which dictates that reasonable doubts regarding guilt must benefit the accused.
The acquittal is not final and may be appealed within ten days of its notification.
