Canary Islands: Court to review sexual assault case due to insufficient justification of the verdict.

The High Court of the Canary Islands has ordered a court in Santa Cruz de Tenerife to review a sexual assault case. Previously, in this case, a man was sentenced to two years in prison, but the victim appealed.

The High Court believes that the court of first instance did not sufficiently justify why it did not consider that there was full sexual intercourse. The court limited itself to the wording "subjected her to sexual acts," although the victim insisted it was rape.

There is also testimony from a witness who saw the convicted person zipping up his pants, and some other evidence, although it is not conclusive.

It all happened on October 23, 2023. The victim and her friend were relaxing at a bar in the Los Cristianos shopping center, where they drank a lot of alcohol. The accused worked there as a waiter and brought them drinks.

Then the girls agreed to go to an apartment to which they were invited by the owner of the bar. There they continued to drink, and the accused joined them.

At some point, the victim lay down on the couch and fell asleep. According to her, the accused took advantage of this, removed her underwear, and committed sexual acts. There is no evidence of full sexual intercourse.

After the verdict, the girl and the prosecutor's office filed an appeal, arguing that the court had incorrectly assessed the evidence. They believe that the evidence indicates rape and demand an increase in punishment.

According to the law, a person who has already been acquitted cannot be convicted. But it is possible to cancel the previous verdict and issue a new one, as is happening in this case.