Tenerife Court Clears Man of Sexual Assault Charges Against Minor Amid Testimonial Inconsistencies

A recent ruling from the Provincial Court of Santa Cruz de Tenerife has led to the acquittal of a man accused of sexually assaulting a transgender minor in Puerto de La Cruz. The alleged incident reportedly took place between April and May 2022, a time frame that has now become central to the court’s deliberations.

Details Surrounding the Allegations

The court’s decision came after a meticulous review of testimonies from various parties, including the alleged victim, her friends, police officers, and the accused. Ultimately, the judges concluded that they could not substantiate the minor’s account without risking a miscarriage of justice. Consequently, they opted for acquittal due to reasonable doubts that permeated the case.

The investigation was initiated by the Minors Unit of the Canary Islands Police following a public report that indicated a group of minors was involved in prostitution activities in Puerto de La Cruz. This alarming situation led to the identification of the accused, who was alleged to have assaulted a 13-year-old girl during the specified timeframe. The complexities surrounding the case have raised questions about the reliability of the evidence presented.

Factors Influencing the Court’s Decision

The court’s ruling was significantly influenced by the fact that the only evidence available was the testimony of the alleged victim. During the proceedings, she admitted to her involvement in prostitution and displayed inconsistencies in her statements. For example, she claimed not to have disclosed the events of that night to anyone, which contradicted accounts from other witnesses who were present.

Moreover, the court highlighted the absence of corroborating evidence to substantiate the allegations. Friends of the alleged victim did not support her narrative, stating they could not recall any relevant details that would lend credence to her claims. This lack of support from peers added to the court’s skepticism regarding the validity of the accusations.

Testimonies from police officers further complicated the prosecution’s case. They revealed that the accused was residing in an abandoned area near the docks, and notably, there were no previous complaints against him, nor was there any evidence linking him to similar offenses. Additionally, no suspicious activities were reported in connection with him, which cast further doubt on the allegations.

Legal Proceedings and Arguments Presented

During the trial, the defense team emphasized the absence of an explicit complaint from the alleged victim or her legal representatives, a critical legal requirement for such cases. They argued that the prosecution had failed to meet this essential criterion, which should have led to the dismissal of the charges.

On the other hand, the prosecution contended that in cases involving minors, it is sufficient for the prosecution to present the complaint, which they argued was not adequately done in this instance. The proceedings were initiated by the police after they became aware of the girl’s involvement in prostitution, which complicated the legal landscape.

Despite the minor’s initial testimony, the prosecution maintained that she did not express any desire to withdraw potential criminal or civil charges, thus allowing the trial to proceed. However, another point of contention arose regarding the prosecution’s lack of specificity concerning the date of the alleged incidents, which was deemed ambiguous. The court ultimately did not accept this argument, as it had been raised at the beginning of the session without a formal request to postpone the hearing.

The Public Prosecutor’s Office had sought a sentence of eight years in prison for the accused, along with five and a half years of supervised release and a nine-year prohibition on approaching or communicating with the minor. However, the court’s decision to acquit the accused underscores the challenges faced in cases where the evidence is primarily based on the testimony of minors.

Key points

• The Provincial Court of Santa Cruz de Tenerife acquitted a man accused of sexual assault on a transgender minor.
• The alleged incident occurred between April and May 2022 in Puerto de La Cruz.
• The court found reasonable doubts regarding the victim’s testimony.
• The investigation began after reports of minors engaging in prostitution.
• The only evidence was the testimony of the alleged victim, which contained contradictions.
• The accused had no prior complaints or evidence linking him to similar crimes.
• The prosecution sought an eight-year prison sentence for the accused.