Tenerife Court Acquits Two Men of Sexual Offenses Against Minor Due to Insufficient Evidence

The Second Section of the Provincial Court of Santa Cruz de Tenerife has acquitted two men accused of sexual offenses against a minor, according to El Día. The ruling, which can still be appealed, emphasizes the necessity for strict legal procedures and strong expert evidence in cases involving minors.

The court reached its decision due to a lack of sufficient evidence from the prosecution. Judges found that the victim’s testimony against her maternal uncle was not supported by objective facts, and forensic reports confirmed there were no physical injuries consistent with the alleged assaults. Regarding the grandfather, the court concluded that his testimony was not strong enough to override the legal presumption of innocence.

A key moment in the trial came from the defense, led by attorney Carlos Zurita. The defense successfully argued that the trial should be limited strictly to the facts outlined in the original indictment, excluding any incidents that had not been properly detailed during the investigation. This forced the Public Prosecutor’s Office to reduce its sentencing demands from 12 and 11 years to ten-and-a-half years for the uncle and five years for the grandfather, though requests for moral damages remained.

Psychological evidence also played a vital role. Experts noted that the minor showed no signs of anxiety or depression. Furthermore, the court found inconsistencies in her statements and a level of suggestibility that weakened the prosecution's case.

This case highlights the complexity of sexual offense trials. Under Spanish law, when a victim’s testimony is the primary evidence, it must be supported by objective, external corroboration. By confirming only the family relationship and the fact that the parties lived together, the court’s ruling serves as a reminder that criminal convictions require absolute certainty—a standard that was not met in this instance.