The judge of Violence against Women number 2 of Gran Canaria has ordered the remand in **custody without bail** of a man accused of having raped a woman **after rendering her unconscious with alcohol or some other substance** dissolved in a drink, while his wife recorded the scene.
In an order issued this week, to which EFE has had access, Magistrate María Auxiliadora Díaz explains that the events occurred on October 25, in a municipality in the north of Gran Canaria.
There are two versions of what happened: according to the accused and his wife, it was the complainant who proposed a threesome and got into their bed; according to the complainant, everything happened against her will after she lost consciousness as a result of **drinking a beverage that the accused served her at their home** without her seeing what they put in it.
The judge maintains that in the investigation so far, there are indications that lead her to favor the complainant's version that she was raped, a series of details that she sees reinforced by the contradictions she believes the accused incurred when explaining the events during their statements.
Everything happened on the same day the three met, one afternoon when the accused invited the complainant, a young Chilean woman who lives alone in Spain, to chat and have a drink at their home.
The accuser only remembers "flashes"
In her testimony, the complainant stated that she only remembers "flashes" of what happened, but she clearly remembers that the accused penetrated her without her consent while his wife took pictures of the scene with her mobile phone. The magistrate cites three main pieces of evidence that support her incriminating testimony: a medical report made to the complainant at the Mother and Child Hospital in Las Palmas de Gran Canaria on the day of the events, which activated the sexual assault protocol; the insistence of the accused in seeing her in the following days, despite her opposition; and a recorded audio conversation. "Due to their unjustified insistence (on seeing her), the victim decided to call (the accused woman) in the presence of a friend, who recorded it at that time. In it, it could be heard how (the accused woman) admitted to having taken a photo when the victim and her husband were naked and on the living room sofa, with her on top of the investigated man," the order states. The judge considers the explanations of the accused to be "vague" and "unbelievable." She questions how they invited "a stranger" they had just met to sleep in their house and why "everyone ended up on the same mattress when there were three bedrooms." She also raises the reason for "so much insistence on knowing about her in the following days, to the point of going, uninvited, to her house to ask for explanations as to why she blocked them (on their mobile phones) and did not answer their calls." "That has a name, and it's called fear and guilt for what happened, both being absolutely aware that the victim was deprived of her senses and, even so, they attacked her sexual freedom without her consent," argues the judge. Finally, she suggests the possibility that some type of chemical submission was used against the complainant, because it "strikes her as very odd" that the accused do not remember serving her a herbal liqueur in her house before they all went together to a nearby bar. "Isn't it possible that this liqueur is the cause of the victim's loss of consciousness, and that's why they don't want to tell the truth?" asks the investigating judge, who justifies the arrest order issued against the accused due to the risk of flight.
