The Sixth Section of the Provincial Court of A Coruña, based in Santiago de Compostela, has acquitted a man accused of touching the buttock of a minor, 13 years old, on two occasions, as well as rubbing her thigh over her clothing, directing his open hand towards the inside of the thigh and genital area.
The court considers that “it is not possible to attribute to the victim’s statement sufficient solidity, strength and, ultimately, adequate probative effectiveness to destroy the presumption of innocence of the accused, nor that its joint assessment with the rest of the evidentiary activity deployed does not can justify a solid conviction about the criminal responsibility of the accused.
The victim claimed that the man had touched her ass in the summer of 2020 on a property owned by the accused in Santiago, as well as on another occasion that same summer at a meal at a restaurant in O Pino (A Coruña), in a common area of the sinks. She also referred to a third occasion involving touching at the man’s home.
The Chamber concludes that there is not sufficient evidence of the prosecution to undermine the presumption of innocence that protects the accused due to “the insufficiency of the victim’s statement as evidence of the prosecution to consider the facts prosecuted as proven, the lack of full consistency, data corroboration objectives and the concurrence of data relating to the existing relationships between the victim’s family and the accused”.
The ruling is not final, since an appeal can be filed. The decision of the court has sparked controversy and debate, with some people supporting the decision and others expressing outrage and disbelief.
The case has brought attention to the issue of sexual assault and the challenges of proving such cases in court. It has also raised questions about the legal system and the rights of victims.
The court’s decision highlights the importance of thorough investigation and evidence in cases of sexual assault. It also underscores the need for support and resources for victims, as well as the importance of raising awareness and understanding about sexual assault and consent.
The ruling has sparked calls for reform and changes in the legal system to better protect victims and hold perpetrators accountable. It has also led to discussions about the role of the justice system in addressing and preventing sexual assault.
Overall, the case has brought attention to important issues and sparked important conversations about sexual assault, the legal system, and the rights of victims. It serves as a reminder of the ongoing work needed to address and prevent sexual violence, and the importance of supporting and believing victims.
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