The Military Chamber of the Supreme Court (TS) has decided the definitive dismissal of the complaint filed by a soldier of the Army of Land stationed in Tenerife who stated that in February 2024 she had been raped after being drugged and that, in order to humiliate her, a drawing of a male sexual organ appeared on her face.
The ratification of the decision of the military court of Tenerife is based on the fact that no traces of drugs, alcohol, or biological remains were detected, nor was it proven that she had been forced, therefore, neither the soldier's version was corroborated nor the guilt of the three defendants was proven.
The ruling includes the dissenting vote of a Supreme Court magistrate who requested that the appearance of genetic material from two males in the woman's body be taken into account, that she woke up with symptoms of having been assaulted and with her face painted.
This accumulation of circumstances, from the point of view of the dissenting magistrate, can only be explained by the "clearly criminal" intervention of the three accused.
The judge laments that after the initial complaint before the Court of Zaragoza, the Military Territorial Judge 51 (Jutoter) of Tenerife proceeded to dismiss the case "without undertaking minimal investigative activity to delve into what happened, but rather the opposite".
The magistrate reproaches the Tenerife court for not even taking care to issue an extension of the investigation and considers it "absolutely unreasonable" to file the case, arguing that there were no rational indications of a crime being committed.
The account of the events states that in February 2024, the soldier was participating in a maneuver involving more than 600 personnel from the Canary Islands Command at the San Gregorio National Training Center (CENAD) in Zaragoza.
On the morning of the 15th, the soldier went to the infirmary alleging that her face had been painted, that she was dazed and did not remember anything that had happened that night, so she suspected she had been drugged and a victim of assault.
In January of the following year, it was decided to charge three soldiers, who were questioned in April, to dismiss the case in May, considering that the court of Tenerife had not proven the commission of a crime and that procedural deadlines had been missed.
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