The Famagusta Criminal Court has acquitted five Israeli nationals accused in a high-profile gang rape case in Ayia Napa dating from September 2023, citing significant inconsistencies in the complainant’s testimony.
The court dismissed all charges against the defendants, which included two counts of rape, one count of sexual abuse, one count of forced sexual intercourse, one count of sexual harassment, and one count of abduction.
In its ruling, the court stated that the 20-year-old British complainant’s account “lacked coherence and contained numerous substantial contradictions,” both internally and when compared with other reliable evidence not originating from the defendants.
The court highlighted several key factors that undermined the prosecution’s case, including the implausibility of the complainant’s claim that she was forcibly taken to the hotel room despite the presence of over 100 people, including her close friend whose testimony contradicted this, at a pool party.
“The position that she was shouting for help during the incident is contradicted by witnesses from the adjacent room, who were determined to have been in a position to hear anyone shouting,” the court stated in its decision, which was partially heard behind closed doors.
Further inconsistencies cited by the court included contradictory statements regarding the number of individuals involved in sexual acts against her will, with the complainant initially stating one person in the identification procedure, then two in subsequent statements.
The court also noted discrepancies in the complainant’s account of how additional individuals entered the room, which contradicted testimony from the hotel receptionist.
Medical evidence presented during the trial showed the complainant had consumed significant quantities of alcohol and Class A narcotics (MDA and MDMA), though the court determined this was “not to such an extent as to remove her ability to consent”.
Regarding physical injuries identified on the complainant’s body, the court concluded these “could neither be determined to not have predated the incident nor be excluded as possibly occurring during consensual contact”.
The case has attracted significant international attention since September 2023, when the British tourist reported being sexually assaulted after being allegedly forced into a hotel room during a party at an Ayia Napa resort.
