In cases of sexual assaultThe burden of proof falls mainly on the victim’s storywhich must meet three parameters to be considered sufficient evidence to undermine the presumption of innocence. One of them would be the persistence in the incrimination, hence the footballer defense strategy Rafa Mir, accused of a crime of sexual assault with carnal access to a 21 year old boygo through finding contradictions in the testimony of the victimswhich have not yet occurred.
Although in the part of the Local Police of Béterawho came in a First moment at the footballer’s chaletalerted by a neighbor and private security that the urbanization has Rabbit Tower, no type of reflection is made sexual abuse or assault reported by young women, that were thrown from the footballer’s chalet practically nakedthis does not constitute a contradiction itself. It is not relatively unusual for a victim of a crime that affects her privacy not to immediately tell the first person she meets. What’s more, young women They later indicated in their formal statements (before the Civil Guard and the 8th investigating judge of Llíriaand one of them also to the National Police), that the attitude of the police did not inspire confidence.
The defense of the footballer, exercised by Jaime Campanerhas provided the court in charge of the case with the report of the intervention of the Local Police of Bétera so that the victim’s contradiction can be recorded. The same will have to be endorsed by the police officers who attended the service, who will be summoned before the judge as reference witnesses.
Another element that is circulating, possibly in an interested manner, is a incident of the 25-year-old girl with another girl, That same night, before the moment in which the two complainants met Rafa Mir in a well-known nightclub in Valencia.
The idea of relating an episode to the chafing of the lip that the young woman presented and that reflects the injury report falls by its own weight with the statements of the investigated themselves. None of them stated that before the episode in which the also arrested, Pablo Jara, in his case for sexual assault without carnal access (some touching), threw the two girls to the street of bad manners and half-naked womenwhich before that had any visible injury.
Rafa Mir himself, according to what he has been able to find out This newspaperacknowledged before the judge the injuries that corroborate the testimony of the complainantsalthough downplaying the blow: “I saw the blood, it was just a scratch.”
His statement, as he already anticipated Levante-EMVfocused on insisting that it was all “consensual sex.” “Everything flowed in a consensual manner”the footballer told the judge on Wednesday morning, before being released on precautionary measures, which include being kept away from 500 meters from both victims.
Rafa Mir / Levante-EMV
Peripheral corroborations
In addition to persistence in the incriminationthat the victims maintain a same version in the essential elements Throughout the entire process, another requirement for considering his testimony as evidence for the prosecution would be the absence of subjective incredulity, that is, that there is no apparent spurious motive, resentment, enmity or revenge. And the third element required by jurisprudence is plausibility, which is supported by peripheral corroboration.
The key to the case against him will lie in these peripheral elements. Valencia CF footballer
