In July 2020, a coworker accused our client of committing a sexual assault. The complainant claimed that he had assaulted her while she was under the influence of alcohol and, according to her statement, was incapable of giving consent due to excessive alcohol consumption.
As a result, the Public Prosecutor’s Office sought a sentence of nine years in prison. However, SMK Lawyers, led by attorney Sergi Mercé Klein, defended the innocence of the accused—our client.
After the trial, which took place this January and included testimony from the complainant, our client, one witness, and several expert witnesses, the Provincial Court of Barcelona decided to acquit our client, declaring him not guilty. The court concluded that, based on the evidence presented during the trial, the sexual encounter was in fact consensual and that the complainant’s alcohol consumption was not nearly enough to render her incapacitated or deprived of consciousness, as she had claimed.
This verdict represents yet another success for SMK Lawyers in defending individuals falsely accused of sexual assault, reinforcing once more that the accusation against our client had no basis and that the alleged incident never occurred.
Sergi Mercé Klein
Lawyer
