Andorra Court Grants Bail to Tourist After Sexual Assault Trial

The Andorra Court of Corts has granted provisional release on bail to a 21-year-old Madrid tourist accused of sexual assault, shortly after the trial concluded with sharply opposing final arguments from prosecutors and the defence.

The defendant, detained since 1 March 2025 following the alleged incident in a Pas de la Casa nightclub bathroom on the night of 28 February to 1 March, had spent nearly 11 months in pre-trial custody at La Comella. The three-day oral hearing, ending Friday in Sala 6, featured conflicting expert reports, witness testimonies and police accounts. The victim, a 25-year-old Catalan seasonal worker, was described by her psychologist as showing symptoms consistent with post-traumatic stress and anxiety, including paralysis as a trauma response, with no signs of fabrication. Defence experts, without direct evaluation, attributed her condition to prior factors, questioning any direct causal link to the incident.

Police responses diverged: initial officers noted the woman's distress—crying, disoriented and reporting non-consensual acts—while describing the accused as "cocky" upon arrest. Later investigators found him calm, cooperative and non-aggressive, pointing to his return to the club as atypical for a perpetrator. Club staff confirmed an external altercation but saw no bathroom events, portraying the accused as composed. Family and friends depicted him as respectful, non-violent and active in youth volunteering.

In closing arguments, prosecutors and the private accusation demanded six years in prison, 12 years' no-contact order, permanent expulsion from Andorra and nearly €14,000 in damages for moral, psychological, medical and lost wages. They stressed the victim's coherent account, immediate complaint, visible distress on CCTV—smiling before, shaken after—and repeated "no"s misinterpreted as flirtation, rejecting any "seduction game" narrative. "No means no," the prosecutor emphasised, highlighting the intimate nature of such crimes relies on circumstantial evidence.

The defence sought acquittal and immediate release, insisting on consensual interaction that the accused halted voluntarily. They cited CCTV showing the pair smiling pre-incident, his consistent statements matching footage, contradictions in the victim's friends' accounts and his post-incident behaviour as proof of innocence, denying any predator profile.

The court approved release after the family posted bail—reported between €10,000 and €12,000—citing time served and evidential doubts, despite prosecutorial opposition. The sentence is set for 11 March at 13:00.

The ruling has drawn criticism, with an *El Periòdic d'Andorra* editorial on 23 January questioning if financial capacity overrides case merits in sexual violence matters, noting the defence's focus on liberty and victim credibility over facts.

Separately, the accused featured in a prior prison incident involving alleged degrading treatment by staff, leading to disciplinary actions now eased by his release; his devout family received weekly visits from Urgell diocese representatives during detention.