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Benidorm rape trial ends in acquittal for two Britons after 18 months in prison
Alicante court finds insufficient evidence to support claims of forced sex or chemical submission
Two British men who spent a year and a half in custody have been acquitted by an Alicante court of raping a fellow tourist in Benidorm. The ruling, issued this Wednesday, found no evidence that the men had forced the woman to have sex or that she had been drugged.The two men were arrested in early November 2023 and held in prison ever since. Although bail was set at 5,000 euros each, they remained in custody as they couldn’t afford to stay in Spain to await trial. The hearing was held on Monday June 2, and they were released the following day.
The case centred on a night out in Benidorm, during which the alleged victim met the two defendants at local bars and clubs. According to her account, she agreed to return to a hotel with one of them. Once in the room, she claimed she found the other man there and was unable to resist what happened next, alleging that she had consumed something that affected her ability to say no. However, the court found that these claims were not supported by the evidence.
The woman did not attend the trial in person but instead gave a pre-recorded statement. The judges noted that she had been given several opportunities to testify live but declined to do so. "What we conclude is not that she does not want to make a financial profit, but that she does not appear to have any interest in this trial," the court said, in response to the prosecution’s claim that her refusal to seek compensation gave weight to her testimony.
Both defendants insisted the sexual encounter was entirely consensual and consistent in their version of events. They denied using any kind of substance to influence the woman’s ability to consent.
In its ruling, the court pointed to several factors that cast doubt on the accusation. CCTV footage from the hotel showed the three arriving together, appearing relaxed and talking casually in the lift and on the balcony. When the woman later left the hotel with her brother, she showed no visible signs of distress or impairment. Medical reports and police observations also failed to indicate any physical or cognitive limitations.
Hotel staff told the court they had overheard the woman arguing and crying while alone with her brother. Judges considered the possibility that the tears were the result of a private disagreement rather than a spontaneous complaint of sexual assault. Neither the woman nor her brother gave testimony during the hearing.
The decision can still be appealed to the High Court of Justice, though the victim was not represented as a private accuser during the trial. The only formal prosecution came from the state.
Image: Katrin Bolovtsova/Pexels
