Madrid's Juzgado de lo Penal número 3 has acquitted a man accused of sexual assault by an escort in a swingers' club, ruling that the complaint stemmed from a financial dispute and lacked sufficient evidence. The incident took place in September 2023 at a naturist sauna in the Ciudad Jardín neighborhood. The sentence, issued on December 11, 2025, dismisses requests for up to four years in prison.
The case dates back to September 12, 2023, when the accused and the complainant, friends for two years, voluntarily visited a liberal naturist sauna in Madrid's Ciudad Jardín neighborhood. They shared a jacuzzi bath and a consensual kiss before entering a private room.
The complainant claimed the man attempted to rape her, forcibly removing her underwear, immobilizing her, and covering her mouth to prevent her from calling for help. However, the court ruled unproven that the accused kissed or touched her against her will, or assaulted her with sexual intent.
According to the defendant's account, represented by Ospina Abogados, the woman demanded 20,000 to 30,000 euros to resolve a family issue involving the alleged kidnapping of her son abroad. Upon his refusal, she screamed and threatened him, prompting staff intervention.
The December 11, 2025, sentence relies on the Supreme Court's doctrine on the 'sole witness,' which requires the victim's testimony to demonstrate credibility, plausibility, and consistency. The court noted contradictions in her narrative and potential ulterior motives from the financial dispute, along with a lack of objective corroboration.
Key testimonies came from the sauna manager, who stated the accused opened the door immediately upon hearing noise and that no sexual assault was suspected, and from a regular client who drove the complainant home and confirmed she only mentioned issues with her son, without referencing a rape.
The court dismissed the Public Prosecutor's request for three years in prison and the private prosecution's demand for four years and 20,000 euros in compensation, granting full acquittal and official costs. It emphasized that the seriousness of sexual offenses does not warrant lowering procedural safeguards, and the presumption of innocence holds without proven violence, intimidation, or lack of consent.
