The judge files the complaint for a false group rape in Malaga after admitting the complainant that it did not happen
A vehicle of the National Police with several agents on the Pablo Ruiz Picasso promenade in Malaga, last March.
A vehicle of the National Police with several agents on the Pablo Ruiz Picasso promenade in Malaga, last March.Carlos Diaz Martin (EFE)

The head of the Court of Instruction number 5 of Malaga has archived the procedure that arose after the complaint of a 30-year-old woman who claimed to have been raped by three men on the Malagueta beach, in Malaga, in the early hours of the 8th to the 9th of May, according to the car published this Tuesday and to which this newspaper has had access. The woman has acknowledged before the judge that this rape never occurred. A few days ago, the young woman went to court to confirm or not the veracity of some audios that appeared shortly after the alleged events. It was a friend of the complainant who took these audios to the police, who transferred them to the court. In them, the woman admits that she was not raped. After affirming in court that it was she who was speaking in those sound files and that, indeed, the rape had not occurred, she chose to withdraw her complaint. On May 31, the judge filed the case.

After the complaint, the court arrested three people, aged 19, 30 and 31, in the first instance. The two older ones went to prison and he released the minor, although under investigation. The appearance of the audios on the scene gave a radical turn to the case. After listening to them, the judge issued an order explaining that the voice notes show that the victim, “clearly and emphatically”, denies “having been sexually assaulted by those under investigation, even acknowledging how the complaint was due to the need to solve their problems of residence in Spain” and that he filed the complaint considering that it was a way both to obtain legal residence and “financial aid”. False allegations of rape are very rare.

Given this circumstance, the judge released the two men who were in prison, although, as the judge’s doubts persisted, she maintained the charges and the obligation that they appear before the court on the 6th and 20th of each month. Now, with the case filed, there is only one procedure against one of the detainees for an alleged crime of attack or resistance to authority, for resisting at the time of arrest. The complaint included an alleged crime of theft of the woman’s bag against one of the defendants who, after being returned intact by the police, has also been dismissed.

The events reported and never occurred date back to the early hours of Sunday, May 9, when the 30-year-old woman, of Guatemalan origin and with alleged problems obtaining her residence in Spain, met a man in a nightclub who offered to accompany her to home. The next morning, the woman filed the false complaint. The woman was then examined at a medical center. A report came out of that examination that, according to judicial sources, confirms that there was sexual intercourse.

These same sources explain that the girl first said that she had agreed to go to the beach where the events with the man took place, to later change the version and say that she did not remember what had happened between leaving the disco and his arrival at the hospital. There she also underwent tests in which she tested positive for alcohol, but negative for the use of any other type of drug. Hours after her statement to the police, the young woman sent her audio to a friend confessing that this had not happened.

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