Provincial Court of A Coruña. EP
Without sufficient evidence
The Chamber emphasises that the The victim's statement lacks sufficient strength or evidentiary value to rebut the presumption of innocence of the accused, and that when assessed together with the rest of the evidence presented, no solid conviction can be reached with regard to the criminal responsibility attributed to the accused.
Similarly, it is noted that the absence of key elements in the complainant's statement, such as incriminating evidencetogether with the lack of relevant objective supporting evidence, no compensation can be given for the use of exploration data, expert reports or DNA remaining in the file, since these elements, although consistent with his story, are also compatible with the existence of an admitted sexual contact by the suspect.
The events, as recorded in the sentence, took place on February 10, 2019, when both agreed to meet in person after having kept in touch for months on the social network Tinder. The court describes that the defendant picked up the complainant in his car and went together to a parking lot nearby Monte Pedrosowhere they parked the vehicle and began activities of a sexual nature, without it being proven that these took place without the woman's consent.
