A minor has been acquitted on a charge of rape over an incident in July 2021 involving a 17-year-old victim and two other alleged assailants.

The girl had left a pub in Motril and although a friend offered to accompany her home she decided to go with three teenage males to a beach because she was attracted to one of them. The night ended in a denuncia for rape against the three males, one of which was a minor like the girl.

The judge considered it a proven fact that sexual acts took place on the beach that night, “in which she willing participated,” for which the minor was acquitted.

The judge also considered that “certain contradictions existed” in the victim’s account of what happened, which inclined him into consideration that there was consent on the victim’s part and there was no conclusive evidence on which to prosecute the accused.

Furthermore, the victim expressed that she had consumed three long drinks and a beer before leaving the pub, which the judge took into account as indication of “disinhibition” or “confusion.” However, he did not consider that this circumstance did not prevent her from realising what was happening or refusing to accompany them.

Lastly, this happened during the pandemic and pubs, etc, had to close earlier than normal due to restrictions. She had remained outside once it had close and approached the group of males, asking to borrow a mobile to phone her friend because her battery had died. Despite not being able to contact her girlfriends and despite the fact that a male friend had offered to escort her home, she had opted to go with the group of males.

(News: Motril, Costa Tropical, Granada, Andalucia)