The Provincial Court of Madrid has acquitted the former Vox deputy Carlos Hugo Fernández-Roca of the crime of sexual abuse of a music teacher in her twentiesfor which the Prosecutor requested a sentence of five years in prison, for lack of conclusive evidence.
In the sentence, to which he had access Europe Pressthe magistrate of Section 15 of the Provincial Court considers that there is no “firm and sufficient” evidentiary basis to convict the former deputy regarding the existence of consent or not by the teacher.
The former Vox deputy, a military man by profession, left the Congress of Deputies in November 2020 after learning of the complaint for the alleged violation. “They have destroyed my life and that of my family due to a false complaint,” she stressed in statements to Europe Press after learning of his acquittal.
«At this crossroads between two options that neither of them is presented as safe, our criminal procedural system forces us to follow the path that provides the security that no innocent person will be convictedeven if it is at the cost of assuming the risk of impunity for very serious infractions”, it is alleged in the sentence.
In this sense, the judgment underlines that the “presumption of innocence is raised preventing a conviction not based on conclusive and resounding evidence”. “The subjective conviction of the judge is not enough, but that solid evidentiary base is necessary, which in this case the Chamber misses,” she adds.
In this line, the Chamber defends that the victim’s statement must be “surrounded by peripheral corroborations of an objective nature arising in the process”.
The events occurred on November 7, 2020, although the alleged victim, María RM, reported the alleged rape on November 11 of that year, four days later. She did it accompanied by a national police officer.
possible false testimony
Legal sources have indicated to Europe Press that the Investigating Judge number 11 of Madrid is investigating these two people, the girl and the policeman, for false testimony at the request of a complaint by the former deputy.
In the judgment, the Chamber underlines that the The existence of doubts about the victim’s testimony does not imply that he considers it untrue. but they have created “a doubt important enough to not have enough conviction to give greater veracity to one of the versions.”
According to the account of the events, the former deputy met with the teacher, whom he had previously called by phone because she was near his home, to go to a bar to make a drink. Both agreed to have dinner at the former deputy’s home and after dinner they both sat on the sofa “and hugged and kissed each other.”
At a certain moment, according to the Prosecutor’s Office, the former deputy, “with the intention of having full sexual relations” with the victim, began to undress her and, “as she emphatically stated that she did not want to have complete relations and that she only wanted to sleep, he picked her up and carried her to the bed and, ignoring what the woman unequivocally stated, penetrated her vaginally«.
At oral hearing, Fernández-Roca alleged that the young teacher denounced him for rape seeking “professional income” to enter the party led by Santiago Abascalstating that the sexual relationship was “consensual” and that it was interrupted when she told him that it was her “fertile day”.
As he explained, the girl had “a brutal obsession with Vox and politics”. “It wasn’t normal. She wanted to go into politics. She asked me. She had a fixation », she stressed.
For its part, The young woman explained that she met Carlos through those who were her friends and indicated that she was interested because he was an older person and could talk to him about more “transcendental” things such as opera or politics.. “I found it interesting to meet him,” he said, acknowledging that he liked “the gentleman.”
According to your version, the day of the events they drank many beers and vermouths. «I was drinking vermouth mixed drinks all afternoon. I couldn’t stand up,” she said.
Fernández-Roca left his post in Congress, where he served as spokesman for Vox in the National Security Commission and deputy in the Foreign and European Union, and thus lost his condition of appraised to be judged by the Supreme Court. “I will defend myself in the ordinary courts,” he said then to emphasize his innocence.
The defense of the former deputy, exercised by the Ospina Abogados office, has been “very satisfied” with the ruling and has highlighted that the sentence is “very rigorous.”
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Former Vox deputy Carlos Hugo acquitted of the crime of sexual abuse