Andorra Court Upholds 3-Year Rape Sentence for Madrid Tourist

Andorra's Superior Court has upheld prison sentences against two tourists convicted of sexual assaults classified as rape, dismissing appeals from both the prosecution and defence in each case.

In one ruling, the court confirmed a three-year term imposed by the Court of Corts on a 21-year-old Madrid tourist for assaulting a 25-year-old Catalan seasonal worker in a Pas de la Casa nightclub bathroom last year. The man, who had spent 10 months in pre-trial detention, will not return to La Comella prison, as that period accounts for the effective sentence. He was released after the first-instance verdict on €12,000 bail, with the remainder suspended subject to conditions. Prosecutors had sought six years, calling the original penalty too light, while the defence argued for acquittal, claiming the court over-relied on the victim's testimony and ignored evidence of consent. The Superior Court found the lower court's evidence assessment sound and rejected both appeals.

A second case involved a French tourist of Algerian origin convicted of raping a young Catalan tourist in an Andorra la Vella discotheque bathroom. The court upheld a four-year sentence, of which 16 months served in pre-trial detention fulfilled the firm portion. It also maintained a ban on contact with the victim, financial compensation and expulsion from Andorra for 20 years. The prosecution requested annulment of the original ruling and an increase to eight years and two months, citing proof that the victim withdrew consent mid-act, leading to continued penetration and vaginal injuries requiring medical care. The defence demanded acquittal for lack of sufficient evidence to overcome the presumption of innocence. The appeals were dismissed, with the court endorsing the Court of Corts' conclusions.

The decisions, issued yesterday, leave both sentences unchanged from first instance and close the proceedings. Authorities have provided no additional details on the incidents.