The Madrid Court acquits the former Vox deputy accused of sexual assault on a 23-year-old girl

• Courts investigate former Vox deputy Carlos Fernández-Roca for alleged sexual crime

The Provincial Court of Madrid has acquitted the former Vox deputy Carlos Hugo Fernández-Roca, 39, of the crime of sexual abuse of a 23-year-old music teacher, for which the Prosecutor's Office requested five years in prison for him.

, the court underlining that the existence of doubts about the victim's testimony does not imply that it 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".

Carlos Hugo, a military man by profession, met MV, a music teacher, through some friends on October 4, 2020.

There were several days left until the day of the events, November 7, 2020. The young woman, after having vermouths with a friend, insistently called the deputy until Carlos agreed to meet her at a bar where they showed an effusive and fiery attitude verified by one of the local waitresses, who even caught their attention.

Carlos canceled a dinner with a friend, with whom MV herself spoke on the phone to tell him that "tonight Carlos is mine", leaving the bar and going to buy food in a nearby wok and go up to the accused's house, where they held a Complete sexual intercourse with vaginal penetration.

Four days later, the teacher denounced the deputy for a sexual assault accompanied by a national police officer.

Fernández-Roca abandoned his position in Congress, where he served as spokesperson for Vox in the National Security Commission and deputy in the Foreign and European Union Commissions, and

.

"I will defend myself in the ordinary courts," he said then to emphasize his innocence.

He also denounced the woman and the police for false testimony.

In the oral hearing, Fernández-Roca alleged that the young teacher

, stating that the sexual relationship was "consensual" and that it was interrupted when she told him that it was her "fertile day".

As she 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 her part, the victim explained that she met Carlos through those who were her friends and indicated that

as opera or politics.

"I found it interesting to meet you," she said, acknowledging that she liked "the gentleman."

The young woman maintained in the trial that she

her vaginally, as he did despite the fact that she resisted and that he knew she was a virgin and wanted to get married that way.

That penetration made him bleed for three days.

The ruling of Section 15 of the provincial hearing argues that it may be that the complainant's testimony is true, but "it could also be the consequence of a voluntary act due to the situation generated between the two, realizing how far it went, contrary to their convictions. "Very religious.

In this sense, he recalls that in sexual crimes the facts must be proven, which entails a "maximum difficulty" when only the victim's testimony is available, and stresses that "the presumption of innocence cannot be broken , without further ado, by the word of the one who accuses".

The undersigned magistrates emphasize that the criminal procedural system "forces us to follow the path that provides the security that no innocent person will be convicted, even if it is at the cost of assuming the risk of impunity for very serious infractions."

Regarding the sequence of events, the sentence considers that there is no doubt that both stayed, at her request, and had complete sexual relations, but

When analyzing the testimonies and the evidence of the trial, it stands out that the young woman was not very affected by the alcohol intake, that she lost her virginity in that act, but that

and that it is not proven suffering from post-traumatic stress.

She also adds the ruling that the victim sent messages to two friends in the hours following the alleged sexual abuse in which she was not concerned and in fact in a conversation she referred to Carlos "with a casual tone."

The deputy was defended by criminal lawyer Juan Gonzalo Ospina, from Ospina Abogados, who

supported by witness statements and reports, but in which the complainant's obsession with testifying stands out. that until the events she was a virgin, and that it was her first sexual relationship, an act questioned by three witnesses who testified that MV, in a spiritual retreat two months before the events, comments that she was abused and raped in her childhood.

But without a doubt the key to the procedure, according to Ospina, was based on the meticulous interrogation practiced by the defense, where the complainant asked about the sexual act and the moment in which she asked the deputy to stop,

In addition, the former deputy's defense "provided different WhatsApp messages, collated in the investigation, not very consistent with the situation lived and narrated by MV", and maintained between the complainant and a friend hours after leaving the deputy's house, and where no He just doesn't mention anything about the alleged abuse, but

The defendant's lawyer, Juan Gonzalo Ospina, celebrated the acquittal and assured that

, and respected the law and the presumption of innocence, with commendable courage."

"They have destroyed my life and that of my family due to a false complaint," said the former deputy after learning of his acquittal.

Legal sources have indicated to Europa Press that the Investigating Judge number 11 of Madrid is investigating these policemen and the young woman for false testimony at the request of a complaint by the former deputy.

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