The 'hola sex machine' message complicating a double rape trial in Spain
A trial in Zaragoza, Spain, pits a double rape complaint against the WhatsApp messages the woman sent to her Tinder date: "hola sex machine".
English · Original discussion in Spanish · Published
The 'hola sens machine' message complicating a double rape complaint in Zaragoza
The Tinder date that ended in three encounters
Three sensual encounters over three days in August 2023. The first and the third, according to the complainant, were rapes; the second was consensual. The accused, a man she met on Tinder, maintains that everything was voluntary. The Provincial Court of Zaragoza has heard the case, and the defence strategy rests on a simple WhatsApp message: after the first episode, she greeted him with a "hola sens machine".
Consent, context and documentary evidence
For the prosecution, that message does not invalidate an assault; consent can be withdrawn and context matters. For the defence, it is proof that there was no violence. "No victim calls her rapist a sens machine," the defendant has argued.
The case reopens a legal and social rift. On one side, the classic principles of incivil law, which require proof beyond reasonable doubt. On the other, the evolution of consent in the law, which has broadened the focus towards context and the victim's perception. The public debate has descended into attacks and generalisations that complicate a necessary discussion. The ruling is still pending, and the clash between testimony and documentary evidence remains unresolved.
The Tinder date that ended in three encounters
Three sensual encounters over three days in August 2023. The first and the third, according to the complainant, were rapes; the second was consensual. The accused, a man she met on Tinder, maintains that everything was voluntary. The Provincial Court of Zaragoza has heard the case, and the defence strategy rests on a simple WhatsApp message: after the first episode, she greeted him with a "hola sens machine".
Consent, context and documentary evidence
For the prosecution, that message does not invalidate an assault; consent can be withdrawn and context matters. For the defence, it is proof that there was no violence. "No victim calls her rapist a sens machine," the defendant has argued.
The case reopens a legal and social rift. On one side, the classic principles of incivil law, which require proof beyond reasonable doubt. On the other, the evolution of consent in the law, which has broadened the focus towards context and the victim's perception. The public debate has descended into attacks and generalisations that complicate a necessary discussion. The ruling is still pending, and the clash between testimony and documentary evidence remains unresolved.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (59 replies).
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