Santa Cruz de Tenerife 27 Mar. (Europa Press) –
The Courts of Instruction numbers 3 and 4 in Laguna have agreed in two judicial rulings to provisionally archive the allegations of sexual assault against Miguel Cabrera Pérez-Camacho, the former president of the Real Casino de Tenerife.
The rulings, reported by ‘The Day’ and confirmed by Europa Press, further indicate that the Provincial Court of Santa Cruz de Tenerife accepted an appeal from Cabrera against the order to transform the prior proceedings into an abbreviated procedure.
The court states that there is no adequate evidence to support the commission of the offence, merely noting that Cabrera had summoned the alleged victim to her residence in Tacoronte—a university master’s student—and that she left feeling “very anxious and distressed.”
It is also unproven that the massage he received was without consent, or that any form of violence or intimidation was employed; it was noted that “he willingly agreed to receive the massage and for this, he lifted his shirt and positioned himself accordingly.”
Additionally, the ruling highlights that there is no evidence of any superiority or employment dependency between the parties that might have compromised the complainant’s consent, apart from a potential “expectation” that the young man hoped to secure a position at Cabrera’s law firm.
According to the young man’s statement, the massage was performed on his shoulders, chest, back, and lower back, without exceeding the belt line, and when he requested Cabrera to stop, he complied; however, he denies having received any massage.
“At that moment, he got up and exited the premises without the accused detaining him in any manner,” the ruling states.
Furthermore, although a massage was carried out, the young man did not express any objection and indicated his consent by “lifting his shirt, sitting down, and allowing the massage,” besides the fact that Cabrera ceased when he made a request—according to the young man’s account.
The judge concluded that the facts had not been substantiated, as whilst it was acknowledged that the young man visited the home and left feeling “very nervous,” there remains no record that the massage occurred.
“For all these reasons, it must be concluded that the reported facts have not been substantiated and from the complainant’s account, it is clear that he does not believe they constituted a threat to his sexual autonomy without consent, thus they do not warrant classification as sexual aggression,” the judge stated.
Following this case, the University of La Laguna initiated a disciplinary procedure and suspended Cabrera from his teaching role while he resigned as president of the Casino.
