TWO British tourists have gone on trial for allegedly raping a British woman at a Benidorm hotel in November 2023.
The men have been in custody since their arrest 20 months ago despite being granted bail of €5,000 each.
Since they had to remain in Spain because they were viewed as a flight risk and could not afford accommodation and other expenses, they opted to be jailed.
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The Informacion newspaper has reported that prosecutors want eight year prison sentences for the duo, while the defence has argued that any sex was consensual.
The woman said she went to a hotel room where one of the men she earlier met at a club was staying.
A friend of his then appeared and violated her.
The Alicante trial saw a video recording of the British female giving her statement before a Benidorm judge which was admitted as ‘pre-constituted’ evidence.
She strongly affirmed her complaint that she did not want to have sex with one of the defendants in a Benidorm hotel room.
The defence stated that there was not a shred of evidence to back her story and claimed her motivation in filing her complaint was to explain to her family why she slept with two strangers that she met that evening.
They added that she left the room with no signs that anything inappropriate had occurred and that she was not drunk or had any drink spiked.
The prosecution countered by stating that it was ‘one thing for the victim to have sex with one of the defendants but it was clear that she did not want what happened in the hotel room’.
There was a sharp disagreement over security footage with the defence pointing out the young woman arrived at the hotel- chatting casually with both men.
The alternative view from the prosecutor was that the recordings showed her only speaking to one of the men.
Hospital tests on the woman taken after the alleged assault tested negative for any narcotic substance but confirmed she had sex with both men.
Her video testimony saw her state that she only had two drinks when out partying and she began to feel dizzy in the hotel room after being given a bottle of water,
The receptionist at the hotel where the two men were staying said he didn’t fully remember what happened that night.
He did however say the woman did not appear to be drunk when she arrived with them.
He added that she later left in tears when her brother came to pick her up.
Later he returned with his father to look for the two men and they even clashed with security staff.
The hotel called the police and the sexual assault complaint was filed that evening.