An Alicante court has acquitted two British men of raping a fellow tourist in Benidorm, after they spent a year and a half in custody. The court ruling, delivered on Wednesday, found insufficient evidence to support claims of forced sexual activity or drug use. The men were arrested in early November twenty twenty-three and remained in custody because they could not afford bail, which was set at five thousand euros each.

During the trial held on June second, the woman who made the allegations provided a pre-recorded statement but did not attend in person. The judges noted her absence, stating she had numerous opportunities to testify live but chose not to, leading them to question the seriousness of her claims. The court suggested that her emotional state may have been related to a personal disagreement rather than an incident of sexual assault.

CCTV footage presented during the trial showed all three individuals arriving at the hotel together, appearing relaxed in conversation. After leaving the hotel with her brother, the woman showed no visible signs of distress or impairment. Medical evaluations and police documentation did not suggest any inability to consent due to physical or cognitive limitations.

Although the ruling can be appealed to the High Court of Justice, the woman was not represented as a private accuser during the trial, and the prosecution was handled solely by the state. The defendants maintain that the sexual encounter was entirely consensual, with no substances used to influence the woman’s consent.