Canary Islands Court Upholds Acquittal in Minor Sexual Assault, Citing Maturity
The Canary Islands High Court upheld the acquittal of a man accused of sexually assaulting a 14-year-old, citing comparable maturity between the two and inconsistencies in the complainant's testimony.
The High Court of Justice of the Canary Islands (TSJC) has rejected an appeal filed on behalf of a minor who reported being sexually assaulted at age 14. This decision upholds the acquittal of the young man accused, who was 19 at the time of the alleged incident.
The court based its decision on the fact that the accused's mental age was estimated to be around 17 years. In the court's view, this meant there was no significant difference in physical or intellectual maturity between the two individuals. Given these circumstances, the judgment concluded that the possibility of consent could not be ruled out, which prevents the actions from being classified as a crime.
The ruling stated that "at the time of the incident, there was no relevant difference in physical or intellectual maturity" between the complainant and the accused. This meant both were considered "on an equal footing for legal purposes."
The court's decision also took into account contradictions found in the various statements given by both the complainant and some witnesses throughout the legal process. The court highlighted that, at different times, the minor stated the accused was under the influence of alcohol, had hit her, or had a romantic partner – details she partially or totally omitted in other statements.
The prosecution, however, argued that the minor's testimony was consistent and stable, supported by expert reports. But the TSJC found that the inconsistencies prevented it from having the necessary certainty for a criminal conviction.
Regarding the accused, the court emphasized that his intellectual limitations, far from helping him, would make it more difficult to create a complex false story tailored to his interests. This, in turn, strengthened the credibility of his statement.
The incident occurred on February 16, 2022. The young man went to the minor's home in Santa Cruz de Tenerife after she invited him. The complainant was recovering from a dislocated knee and a sprain. According to the initial account, both went to the room, lay on the bed, and began watching movies before the reported events took place.
Two weeks later, the minor went to a health center accompanied by a friend, to whom she had previously recounted what happened. She then filed a complaint with her mother.
The judgment also includes a specific section that questions the actions of the prosecution's lawyer. It noted that the appeal contained legal citations attributed to the Supreme Court that could not be verified in official databases.
The TSJC described this practice as "unfettered legal creativity," pointing out that it was not a simple error but rather conduct that could lead to professional responsibilities. For this reason, the court has agreed to open a separate proceeding to clarify potential responsibilities.
Furthermore, the court stated it had no record of an alleged 2019 report from the General Council of the Judiciary, cited in the appeal regarding the credibility of child testimony. It indicated that this report would have been obtained without proper verification.
Considering all these elements, the TSJC confirmed the acquittal of the accused. The court found that the necessary requirements for a criminal conviction were not met and that both young people could be considered, in the context of the events, as individuals of comparable maturity.