Irish Woman Demands Trial to Clear Name in Magaluf Spa Groping Case
A 38-year-old Irish woman from County Cork is set to go on trial after allegedly groping a teenager in a Magaluf hotel spa, and she insists she wants her day in court to clear her name. The woman, who was 37 at the time of the alleged incident, was arrested for allegedly touching a Swedish man's genitals without his consent in a Turkish steam bath at the four-star Hotel Martinique in Magaluf on June 3.
Details of the Alleged Incident
The sex assault is alleged to have occurred around 6pm when the Irish woman, who lives in County Cork, was still 37 and the younger man just 18. The unnamed woman spent a night in a police cell before an investigating magistrate released her on bail, but prosecutors have charged her and are seeking an 18-month prison sentence.
A preliminary hearing yesterday in the Majorcan capital Palma to see if a plea bargain deal could be reached between her lawyer and a public prosecutor ended in stalemate. Lawyer Joan Arbos said his client would insist she had committed no crime despite her arrest and will take the stand in June.
Defence Arguments and Legal Proceedings
A source close to the case said: 'She will go to court because she wants to clear her name and feels it's important she should be there in person, even though she's not obliged to be present at her trial and could also appear via video link.'
'She didn't deny touching this man's privates in her first court appearance shortly after her arrest, but she explained then she acted the way she did because she thought he was interested in her,' the source added. 'She confirmed she took her hand away as soon as he protested, and she realised she'd read the situation wrong.'
Another insider added: '[She hopes] that at trial she can persuade the judges this was nothing more than a misunderstanding, and she will end up being acquitted of any wrongdoing.'
Prosecution's Version and Potential Outcomes
The indictment outlining the prosecution's version of events says she sat beside him 'with a lustful spirit, taking advantage of the fact that no one else was there and against his will, put her hands on his genitals and fondled them until he said: 'No, no, no' and left.'
Mr Arbos confirmed: 'The pre-trial hearing took place behind closed doors and no agreement was reached whereby a sentence could have ended up being read out there and then if my client had accepted wrongdoing and a plea bargain deal had been struck.'
'She does not accept [that] she committed a crime on the basis that what occurred was a simple misunderstanding.'
Additional Penalties and Witnesses
As well as the prison term, prosecutors want the Irish tourist banned from working with minors for two more years than the jail sentence imposed and ordered to pay court costs if convicted. They also want her to pay her male accuser £440 in compensation.
Two police officers will be called to testify along with the alleged offender and victim. Reports at the time said the Irish woman, who was born in Latin America, was with her husband when cops arrived and took her away.
Initial Denials and Legal Strategy
She initially denied touching the man's genitals to police before admitting to a 'misunderstanding.' Mr Arbos said shortly after she was arrested, he was going to ask for the case to be 'discontinued' against his client on the basis he 'didn't consider a crime had taken place.'
A spokesman for the Civil Guard said after the Magaluf hotel incident: 'The alleged sexual aggressor, who was in a sauna with a younger Swedish man, was accused of touching the victim's private parts without consent.'
'When officers arrived, the victim was visibly upset. After carrying out inquiries, they proceeded to arrest the suspected offender, who was handed over to the courts.'
Prison sentences of two years or less are normally suspended in Spain for first-time offenders, which could impact the outcome if she is convicted.
