Madrid’s Provincial Court is considering a request to dismiss the sexual assault case against former Sumar party deputy Íñigo Errejón, following a complex turn of events involving the accuser, actress Elisa Mouliaá. The case, which began with allegations dating back to 2021, has been marked by shifting statements and legal challenges, highlighting the difficulties in prosecuting sexual assault cases.
Errejón’s defense team is arguing that Mouliaá’s initial decision to withdraw her accusation in February should be legally binding, even after she reversed course and decided to continue with the case. They have asked the court to not only dismiss the proceedings but also remove Mouliaá as a party to the case.
Mouliaá initially submitted a written withdrawal of her accusation on February 4, though it wasn’t immediately formalized. She later reversed her decision, stating she would pursue the case “until the end” after Madrid’s Public Prosecutor’s Office recommended Errejón’s acquittal, finding that “the reported facts do not constitute a crime.”
According to Errejón’s lawyers, that initial withdrawal is “irrevocable,” signed “in her own hand,” and unequivocally signifies her decision to drop the criminal accusation. “It is a unilateral and deeply personal act that, in this case, was adopted freely, expressly, consciously, and voluntarily by the complainant herself,” they stated, characterizing Mouliaá’s subsequent change of heart as “irrational and inconsistent.”
Judge Maintained Mouliaá as Accuser
Investigating Judge Adolfo Carretero previously rejected a request to archive the case, ruling that Mouliaá should remain a plaintiff given that she reaffirmed her accusations in court when she retracted her initial withdrawal.
Eva Gimbernart, Errejón’s attorney, is now appealing that decision to the Provincial Court, which is also reviewing her team’s appeal against Errejón’s indictment on charges of sexual assault.
The court will ultimately determine the future of the case, which originated from Mouliaá’s complaint against Errejón alleging sexual assault on October 8, 2021. A separate, second complaint filed by another woman was archived earlier this week after the complainant did not ratify the allegations in court.
Judge Carretero had proposed bringing Errejón to trial, stating there were “indications” he sexually assaulted Mouliaá in October 2021, and that those “indications exist and have not been fully refuted by the defendant’s version of events.”
Yet, the Public Prosecutor’s Office has indicated it will not prosecute Errejón, requesting a provisional dismissal of the case due to insufficient evidence.
Errejón resigned from all political positions on October 24, 2024, following the publication of anonymous accusations of domestic violence against him online. Mouliaá subsequently reported being the victim of sexual harassment and filed a police complaint against him.
