San Sebastián municipal guard acquitted of raping colleague in Bilbao

A municipal guard from Donostia acquitted of raping a colleague during Bilbao's festivities

The Provincial Court of Bizkaia has acquitted an officer of the Donostia (San Sebastián) Municipal Police accused of raping a colleague during Bilbao's festivities. In a ruling dated 21 July 2026, the court did not question the complainant's credibility, but found there was insufficient evidence to prove that the accused knew she was not consenting to sensual relations. The verdict rests on the lack of direct evidence and on the context of alcohol consumption by both parties.

The court's argument: insufficient evidence

The ruling applies the principle of presumption of innocence. Although the complainant's account was not discredited, the judges concluded that her testimony alone was not enough to overcome the presumption. The judgment stresses that, in the context of a night of partying involving alcohol, it could not be determined that the accused had perceived a lack of consent. This criterion has reignited the debate over how courts assess consent when alcohol intoxication is involved.

The role of alcohol in assessing consent

Alcohol consumption is a recurring factor in sensual assault cases. In this case, the defence argued that both officers had been drinking and that there were no signs of violence or coercion. The prosecution maintained that, given her state, the complainant could not give valid consent. The court opted for a restrictive interpretation: without proof that the accused knew of the victim's incapacity, no conviction was possible.

Reactions and possible appeals

The acquittal has drawn sharply divided reactions. Feminist groups believe the ruling sets too high a standard of proof for victims. On the other hand, legal sectors defend the verdict as consistent with incivil law. The complainant could appeal to the High Court of Justice of the Basque Country. For now, the case remains open.