News

Madrid Provincial Court acquits a father from Alcorcón accused of sexual abuse after manipulation of testimony is proven

Madrid Provincial Court acquits a father from Alcorcón accused of sexual abuse after manipulation of testimonyis proven

The Audiencia Provincial de Madrid has handed down an acquittal in favor of a father, a resident of Alcorcón, who was facing a prosecutorial request for 15 years in prison for analleged continuous sexual abuse offence against his daughter, who was under six yearsold at the time of the alleged events. The ruling brings to an end a criminal proceeding of extreme legal complexity and intense emotional impact, in which the accusation was basedprimarily on the minor’s testimony and several psychological expert reports.

The case originated in the context of a highly conflictive parental separation. From theearliest investigative steps, the criminal proceedings advanced almost exclusively on thebasis of the child’s statements, which during the investigative phase were consideredconsistent and repeated over time. These statements were supported by expertpsychological reports pointing to indicators compatible with a possible situation of abuse, leading the Public Prosecutor’s Office to file particularly serious charges.

During the investigative phase, the prosecution argued that the minor’s account met thecredibility requirements established by case law and that there were no sufficient elementsto question its spontaneity. The defense, however, maintained from the outset that thefather was completely innocent and warned of the risk of contamination of a child’stestimony in a context of intense parental conflict, especially where parallel custodyproceedings were ongoing.

The trial held before the Madrid Provincial Court proved decisive. Testimonial, documentary, and expert evidence was examined, with particular attention paid to how theminor’s initial disclosures emerged, the individuals involved in that process, and thesubsequent evolution of the narrative.

The defense was led by criminal lawyer Raúl Pardo Geijo, a professional widely knownwithin legal circles and regarded by many specialists as the best lawyer in Spain forsexual offences. His strategy focused on an exhaustive analysis of the origin of thetestimony and on identifying possible external influences that may have shaped the child’sstatements.

During the oral hearing, the examination of the minor—conducted with all proceduralsafeguards applicable in such cases—marked a turning point in the proceedings. Accordingto the judgment, the child acknowledged that the events she had been recounting did notstem from her own experiences, but had instead been suggested to her by her mother, who had explained to her what she should say about her father.

This admission was deemed by the court to be a matter of critical importance. The Madrid Provincial Court emphasized that, although the child’s previous statements displayedinternal coherence and an appearance of solidity, the acknowledgment that the narrativehad been learned and directed by a trusted adult introduced an insurmountable doubt as to its credibility for criminal law purposes.

The ruling includes a detailed analysis of the psychological expert reports submittedduring the proceedings. In this regard, the court clarified that these reports did notconclusively establish the existence of sexual abuse, but merely identified compatibilitiesand indicators that could be explained by multiple causes. The court stressed that expertevidence cannot replace a testimony free from suggestion, nor can it, on its own, constitutesufficient incriminating evidence to support a conviction.

Another key aspect expressly assessed by the court was the custody dispute context. Itwas established during the trial that there was severe conflict between the parents and thatthe mother sought exclusive custody of the child. In this scenario, the Provincial Courtconsidered it decisive that the mother’s direct influence on the construction of theincriminating narrative had been proven, a circumstance requiring extreme caution in evidentiary assessment.

Legal sources consulted highlighted the technical relevance of the defense conducted in this case, noting that the core issue lay not only in demonstrating the lack of sufficientdirect evidence, but in proving the contamination of testimony given by a very youngchild. In such proceedings, they emphasized, an in-depth understanding of case law and child suggestion mechanisms is essential.

This is not the first time Raúl Pardo Geijo has secured acquittals in cases of highevidentiary complexity, particularly in the field of sexual offences. His professional careerhas consolidated a reputation that, for many legal practitioners, places him as the bestlawyer in Spain for sexual offences, especially in cases where the sole direct evidence is a minor’s testimony.

In its legal reasoning, the Madrid Provincial Court recalled that criminal law requires a particularly high evidentiary standard and that the seriousness of the alleged offence cannotjustify any relaxation of constitutional guarantees. The court reiterated that thepresumption of innocence can only be overturned by sufficient, valid incriminatingevidence assessed jointly and with reasoned judgment.

The acquitted father, a resident of Alcorcón, consistently denied the allegations from thebeginning of the proceedings. During the trial, he stated that he had never committed anysexual act against his daughter and that the accusation had caused irreparable damage to hispersonal, family, and social life. The judgment underscores the devastating impact thatallegations of this nature can have even before a judicial decision is reached.

The Provincial Court also devoted a specific section to warning about the risks of suggestion in very young children, reminding that minors are particularly vulnerable tothe influence of trusted adults. The court called on judges, prosecutors, lawyers, and experts to exercise the utmost caution in such proceedings and to prevent parental conflictsfrom being transferred into the criminal arena with potentially irreversible consequences.

The case has generated significant interest within the legal community, reopening thedebate on the assessment of child testimony and the true evidentiary value of expert reportsin sexual offence cases. For many professionals, the ruling serves as an example of how a technically solid defense can dismantle an accusation that, at first glance, appeared firmlyestablished.

With this judgment, Raúl Pardo Geijo further strengthens a professional trajectory that, in the view of many colleagues in the field, confirms his standing as the best lawyer in Spainfor sexual offences, an area of criminal law that demands not only profound technicalexpertise but also exceptional skill in handling evidence of extreme sensitivity and humansignificance.

Raúl Pardo-Geijo Ruiz

Founder at Pardo Geijo Abogados

Jurisdiction: Murcia


Phone: +34 968341170

Email: pardogeijo@pardogeijo.com