A MAN has been acquitted of rape because his DNA doesn’t coincide with the trace found in the alleged victim’s underwear.
In September 2009, the accused was on La Malagueta beach with the plaintiff and other friends, and when most of them left, remained with her talking on the beach.
The woman claimed that when they were alone, he grabbed her, removed her trousers and underwear and raped her. However it wasn’t until a week later when she went to Malaga Children’s Hospital with an infection that she told the doctor she had been raped.
During the trial she claimed that she had “been clever” and not washed in that time, and that the doctor “saw the man’s semen inside her”, before she handed her underwear over to the police.
The court considered it was not normal for a person not to wash in a week, as well as the fact that the doctor saw no signs of rape, although no samples were taken because of the time which had passed. DNA testing determined that the sample in her underwear did not belong to the accused, but to the plaintiff and an unknown male.
A friend who was just metres away that night claimed she had not heard anything nor did the woman seem upset.