Andorra Court Hears Final Arguments in Nightclub Sexual Assault Trial

The trial in Andorra la Vella's Criminal Court, Sala 6, against a 21-year-old Madrid student accused of sexually assaulting a 25-year-old seasonal worker in a Pas de la Casa nightclub restroom concluded Friday after three days of hearings, with prosecutors and the defence presenting final arguments.

Prosecutors sought six years in prison for sexual assault—termed rape in proceedings—a 12-year restraining order against the accused, and his expulsion from Andorra. The defence demanded acquittal, arguing the brief encounter was consensual.

The incident occurred between 3:30am and 4:00am on 1 March 2025. The accused, who arrived in Andorra on 27 February for a skiing trip with a female friend and her sister, testified he met the victim around 1:30am inside the club through his friend. After talking amid crowded restrooms, they went upstairs. He noticed her chest tattoo and said she invited him into the women's room for privacy, unfastened her bodysuit to show it and her breasts, rubbed against him, and encouraged him with words like "go on, just a bit" to prove he could outdo her partner. The contact lasted less than 10 seconds before he stopped, citing their relationships; she voiced no refusal and seemed surprised when he suggested leaving. Her Colombian friend then opened the door, after which the accused left feeling threatened and was assaulted outside by the friend, the bartender, and others with punches and kicks.

Police on patrol heard her cries, approached, and found her crying, agitated, with a vacant stare, rapid breathing, and shaking voice. She told them a man had blocked the door, unbuttoned her trousers despite protests, and inserted his fingers. As officers spoke with her, her Colombian friend spotted the accused returning, punched him, sparking a brawl that agents broke up. They detained the accused, who appeared defiant and surprised, insisting he had done nothing wrong, questioning the arrest, and making superior-toned remarks like "you don't know who you're dealing with," though without direct disrespect.

The victim's Colombian friend testified she emerged dishevelled and sobbing, vaguely saying "the guy had done something bad." He confronted and struck the accused after perceived threats. His partner saw her exit in shock with disarrayed clothing. The bartender noted her crying outside before the fight but had no restroom view, adding she was a regular with no prior issues. The accused's friend observed no odd behaviour from him inside until the external clash.

A SAAS doctor recounted the victim's report of being forced despite objecting to being alone; no injuries appeared, but tests found chlamydia, an infection with 7-14 day incubation not contracted that night. A gender violence psychologist described her acute anxiety, tears, tremors, nightmares, intrusive thoughts, and social avoidance—consistent with assault trauma, though not a judicial assessment. Defence experts challenged a PTSD diagnosis for flawed methodology, a single visit, lack of corroboration, and non-specific tests, deeming it insufficient to link to the events.

Prosecutors highlighted inconsistencies in the accused's testimony versus his initial police statement—on tattoo and clothing details, alcohol levels (he tested positive), and restroom entry initiation. Her Batllia-recorded statement played in closed session. The defence presented timestamped security footage showing him calmly lingering post-incident with a drink—unusual for perpetrators, per investigators—plus police photos and his injuries.

Investigators testified he showed no psychiatric issues, violence, or aggressor traits, appearing "normofunctional, reflective, non-impulsive," calm, and cooperative. They noted it was unprecedented in their experience for a suspect to stay at the scene and approach police. Family and friends portrayed him as respectful, non-violent, studious, and volunteer-active with no conflicts. Arresting officers described his attitude as "cocky and challenging," with comments like "you don't know who you're talking to, I'm from Madrid," while investigators found him unusually polite.

The accused has remained in pre-trial detention since 3 March 2025, despite appeals including to the Constitutional Court over flight risk; he pursued business studies remotely during 10 months.

The case now awaits sentencing.