Tenerife Court Acquits Man of Sexual Assault Citing Lack of Evidence

The Provincial Court of Santa Cruz de Tenerife has acquitted a man accused of sexual assault and bodily injury. The case highlights the ongoing legal challenges in determining consent when alcohol is involved—a topic that has become a major point of debate in Spain since the introduction of the "Only Yes Means Yes" law.

The court ruled that there was not enough evidence to override the defendant’s presumption of innocence. The man admitted to having sexual relations with a coworker after a Christmas party in December 2023, but he maintained that the encounter was consensual. While the judges did not doubt the complainant’s testimony, they noted that there was no evidence to prove a lack of consent, as no clear opposition was observed.

A central issue was whether the woman was capable of giving consent due to her alcohol consumption. Toxicological tests showed she had a blood alcohol level of 1.95 grams per liter, indicating significant intoxication. However, other guests at the party and the nightclub testified that the pair appeared affectionate throughout the evening and did not seem to notice any signs that the woman was incapacitated. These accounts of the two dancing and acting closely were key to the court’s conclusion that an assault could not be proven.

The court also acquitted the defendant of the bodily injury charge, concluding that the physical mark on the complainant could have been caused by an accident and could not be directly linked to an assault.

Prosecutors had requested an eight-year prison sentence and 25,000 euros in compensation, while the private prosecution sought nine years and 50,000 euros for moral damages. The case, which stemmed from an incident on December 13, 2023, concludes with this verdict, underscoring how difficult it is for courts to draw a clear line between consent and alcohol-related incapacity.