Andorra Court Frees French Tourist Pending Rape Verdict After 15 Months in Jail

Andorra's Criminal Court released a 34-year-old French tourist from provisional custody on Monday after roughly 15 months in La Comella prison, following a trial last week over allegations he raped a woman in her early 20s inside a nightclub toilet in Andorra la Vella on 27 October 2024. The judges granted the defence's request for freedom pending a verdict set for 11 March, despite opposition from prosecutors, without providing reasons for the decision. The man has returned to France.

The incident began with what both sides described as initial consensual contact, including kissing and touching, but diverged sharply thereafter. The woman testified that she felt pain during attempted vaginal penetration, asked the man to stop multiple times—up to four times, she said—and that he disregarded her pleas, even covering her mouth when friends called from outside. She emerged distressed, confided in her friends, who confronted and struck him; nightclub security then detained him until police arrived. She received hospital treatment that day and filed a complaint, with officers noting her emotional state as shocked and tearful but coherent. Forensic evidence revealed vaginal lesions with skin tears and bleeding on her clothing, along with blood stains on his clothes, which a medical expert deemed compatible with non-consensual penetration.

Prosecutors and private accusers pursued a charge of aggravated sexual assault constituting rape, seeking eight years and two months in prison, a 10-year restraining order, a 20-year ban from Andorra, and €22,000 in compensation for physical, psychological harm, and civil liability.

Defence lawyer Ana Bara sought acquittal, maintaining the encounter was fully consensual, brief, and marked by his intoxication preventing sustained erection or effective penetration—though he admitted some penetration after initially denying any sexual contact. The defence pointed to inconsistencies in the woman's account, including psychiatric reports claiming she was too traumatised to return to Andorra, contradicted by evidence of her two later visits to the same nightclub, including one during investigative testimony. They suggested she minimised penetration to conceal an affair from her Paris-based husband. No blood appeared on his genitals or underwear.

The accused, who staged hunger strikes protesting his detention, now awaits the final ruling in mid-March.