The Provincial Court of Santa Cruz de Tenerife has revoked the €9,400 fine imposed on a resident of La Palma for false sexual assault allegations. The court considers that the judge did not directly examine key evidence.
The Provincial Court of Santa Cruz de Tenerife has acquitted a 53-year-old woman, a resident of La Palma, who had been ordered to pay €9,400 for filing a false sexual assault report. The ruling, which overturns the decision of the lower court, states that the judge based her conviction on evidence that she did not directly examine during the trial.
The Facts Leading to the Initial Conviction
On December 22, 2022, the woman identified "without any doubt" a man at a police station in Santa Cruz de La Palma as the perpetrator of an alleged sexual assault. This identification led to the arrest of the suspect, who was released the following day.
After the proceedings, the court agreed to dismiss the sexual assault case. Subsequently, the man filed a complaint for false reporting, which resulted in the woman being ordered to pay €9,400.
The Arguments of the Appeal That Led to Acquittal
In her appeal, the defence argued that the reasons for which the accused did not respond to the prosecution's questions were not properly assessed. It also pointed out that during the trial, the security camera footage that placed the complainant at home at the time of the events was not reviewed.
Another controversial point was the attitude of a police officer who, according to the defence, showed a predisposition from the outset not to believe the woman's account. The court considers it significant that the trial judge did not personally view the security camera footage and further questions the value of the testimony of a police officer who was not a direct witness to the events.
The court also regrets that the defence did not present the recordings at trial, although it emphasises that the judge based her decision on the assessment previously made by the Civil Guard in the sexual assault proceedings, where that footage led to the suspect's release.
The Court's Decision and Its Impact
Therefore, the court concludes that the judge "was not authorised to base her conclusions on those reached in another proceeding" based on evidence she had not directly examined. The ruling, which is now final, annuls the financial penalty and acquits the woman.
For the resident of La Palma, this resolution brings relief after a judicial process that has lasted several years. The woman will not have to pay the €9,400 that the lower court had imposed.
This case highlights the importance of judges directly examining evidence in trials, especially in cases affecting fundamental rights such as honour and sexual freedom. The court has reminded that the assessment of key evidence cannot be delegated to third parties.
The news has had repercussions in La Palma, where the case had generated significant interest. The island's residents closely follow judicial decisions that affect their community.
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