FIVE men falsely accused of multiple rape during Malaga fair are taking preliminary steps to continue their case with the civil courts.
To allow this, a written petition has been made to the Number Two Malaga City Court asking for the sentence of the second criminal case, accusing the young woman in question of false accusations, to be clarified.
She was given a 10-month prison sentence and a fine, although an agreement was reached whereby the five men would not demand compensation in the criminal courts to avoid her having to go to prison. Yet the sentence states that the defendants expressly waived compensation for moral damages for moral damages derived from media coverage of the event and time spent detained.
The defendants’ lawyers insist compensation was only waived in regard to the criminal court, not a possible civil case, as some of their clients intend to continue through this channel. Therefore, an alteration to the criminal sentence has been applied for.
If the sentence does not allow a civil court procedure, an application may be made for the entire case to be declared invalid.