Andorra Court Overturns Rape Conviction, Orders Retrial Over Victim Testimony Flaw

Andorra's Superior Court has overturned a six-year prison sentence imposed on a 33-year-old Colombian resident for the alleged rape of his flatmate, ordering a full retrial due to a procedural flaw.

The court ruled that the original trial by the Corts court violated the defendant's right to defence. The victim did not testify in person during the oral hearing, and her pre-trial statement from the investigation phase was used instead. Magistrates found that the reason for her absence was not adequately justified or documented, preventing the defence from directly challenging her account—a step deemed essential in such cases.

The incident allegedly occurred in July 2024 at a shared home in Aixirivall, where the accused lived with the complainant and her partner, who was also the accused's employer. The Corts court had convicted him of a serious sexual assault amounting to qualified rape due to their cohabitation, sentencing him to six years in prison—20 months to be served in custody—along with a ban on contacting the victim and expulsion from Andorra for 15 years.

Both the prosecution and defence appealed the verdict. Prosecutors sought a harsher nine-year custodial term, arguing the original penalty did not reflect the offence's severity. The defence requested acquittal or, alternatively, annulment of the proceedings over the denial of cross-examination rights.

The accused served his 20 months in custody before release in early May pending the appeal outcome. He was later detained again under an expulsion order but regained freedom following a successful habeas corpus petition, local media reported.

The Superior Court nullified the conviction entirely and mandated a new trial before a different panel, citing the procedural irregularity as central to the case. No further details on the retrial timeline have been released.