The former couple had a history of sadomasochism, so the man “thought that this time was no different”
A Spanish man charged with raping his ex-girlfriend has been acquitted by a judge who ruled that the pair’s history of rough sex meant the man could not be certain the woman did not consent.
The verdict, made on Tuesday in Alicante Court, the judge cleared the 21-year-old man of all charges because he and the 17-year-old woman had a history of engaging in bondage when sleeping with each other. During their time as a couple, they had frequently consented to submission and sadomasochism, where one party would “offer some resistance.”
“Their sexual relations had involved insults, harassment, force and some level of violence that was accepted by both parties,” The Local reports the judge writing in his ruling.
The couple severed their seven-month relationship in August 2014 when the woman discovered her boyfriend had been cheating on her. Two months later, the pair struck up a conversation on Facebook, with the man inviting the woman over to his house.
After smoking marijuana, the pair started touching each other. But when the woman said she wanted the man to stop, he ignored her, held her by her wrists and had sex with her.
Suffering from bruising and abrasions, the woman reported evening’s events to the police. She also told the court that she has since succumbed to spells of depressions since the attack.
But the judge in the case sided with the man, ruling that the court could not return a verdict of rape because of the couple’s history of sexual exploits being so common that the man “thought that this time was no different.”