A 27-year-old Moroccan construction worker in an irregular immigration situation in Spain was released from custody on Monday after being caught in the act of raping a 22-year-old woman on Valencia’s Malvarrosa beach. The duty judge cited the victim’s failure to appear in court to formalize a complaint as the reason for granting him provisional liberty — a Spanish procedural requirement that is relatively unusual compared with many other Western countries.
The incident took place around 6:45 a.m. on Sunday, Aug. 30, near the Akuarela night club. According to Spanish media reports drawing on police sources, the young woman had been in the sea and was lying on the sand when the man approached her. He initially made complimentary remarks before suddenly lunging at her, violently tearing off her dress and forcing penetrative sex while covering her mouth with his hand to stifle her screams. She resisted and cried for help.
A passerby walking along the shoreline spotted the assault from a distance and alerted authorities. Four officers from the Valencia Local Police’s Security, Support and Prevention Unit (USAP), two of them in plain clothes, were already patrolling nearby, according to Spanish news outlet OKDiaro.
They heard the screams and arrived quickly. The suspect tried to flee across the sand. Officers caught him after a short chase. He resisted arrest and punched one officer several times in the face, causing injuries that required medical attention. The officers handcuffed him and handed him over to the National Police. The victim’s mobile phone, found nearby, was also recovered.
Several reports noted the victim was in a state of intoxication, with one account describing her as having left a nearby nightclub for fresh air. Police later found her showing clear signs of alcohol consumption. She was taken to Hospital La Fe, where she received gynecological care and gave an initial statement to officers from the gender-violence victim assistance unit.
The man, identified as a 27-year-old Moroccan construction worker living in Spain without legal papers, was charged with sexual assault involving penetration and assault on an agent of authority. Authorities have confirmed his irregular status.
On Monday, the duty magistrate of the Violence Against Women section of Valencia’s Court of First Instance ordered his provisional release. The decision, taken in agreement with the public prosecutor, followed the police’s inability to locate the victim so she could appear and ratify a formal complaint.
Spain has some rather unusual rules in regards to this criminal charge. Under Article 191 of the Spanish Penal Code, a complaint from an adult victim is required to pursue sexual offense of this type. Other European nations, like France and Germany, do not require a victim to file a criminal complaint to move forward with criminal proceedings.
Remarkably, even in a case where the woman gave a police statement about the rape and the fact that officers caught the man in the middle of penetrative rape, authorities still released the suspect.
The court opened preliminary proceedings and instructed police to continue searching for the woman. Officials said her situation could change immediately if she is found and decides to proceed. The assault on the police officer is being handled separately and can still be pursued criminally.
Meanwhile, the case has drawn attention on social media due to the man being released within hours and the unique procedural requirements involved in the case.
