Two Brits cleared of Benidorm group sex attack after languishing in Spanish jail for 20 months

TWO British men have been acquitted of raping a British woman at a Benidorm hotel in November 2023.

The duo, whose ages have not been disclosed, were tried by the Alicante Provincial Court on Monday.

The Informacion newspaper reported that they were released following their acquittal on Tuesday.

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The Prosecutor’s Office can lodge an appeal at the Valencian Superior Court but there has been no indication so far of what they plan to do.

No private prosecution was made on behalf of the accuser.

The men languished in prison since their arrest 20 months ago despite being offered bail of €5,000 each.

Because of the lengthy process of the Spanish judicial system, they said they could not afford the expense of living in the country.

Their passports were taken away as they were deemed a flight risk, and so they were remanded into custody until their trial.

The Alicante ruled that it had not been proven that sexual relations between the woman and the two men was non-consensual.

There was no evidence that violence was used to overcome her or evidence that her cognitive abilities had been impaired by alcohol or any other substance.

Informacion noted the comments of the court that the statements of the two men were totally consistent.

They both said that sex was entirely consensual and that the woman actively participated in it, with no substance given to her to subdue her will.

Crucially, the Alicante bench said that the female’s statement and accusations could not be verified.

It pointed out statements from the hotel receptionist and police officers who spoke to her who did not notice any mental impairment along- verified by medical reports that showed nothing untoward in her blood.

Hotel security cameras showed her leaving the hotel with her brother, with no apparent physical problems.

They added that the video recordings showed her and the two defendants arriveing at the hotel together, in the elevator and chatting on the balcony.

The images contradict what she reported and ruling states that she told her parents about the alleged sexual assault as soon as she left the hotel.

However, the brother, who went to the hotel and waited for her to come down, was actually the first to hear about her accusations.

The ruling stated: “While the two were together, the receptionist reported hearing an argument and her sobbing, so it cannot be ruled out that the reason for the crying was a reprimand from her brother for reasons that have not been explained, as they both refused to testify at trial.”

A recorded video testimony from an earlier Benidorm hearing was played at the trial.

The Prosecutor’s Office pointed out during Monday’s hearing that she was not interested in financial compensation from the men.

The court ruling in a damning line stated: “What is concluded is not that she does not want to obtain financial gain, but that she does not seem to have any interest in this trial.”