A US citizen linked to the American naval base in Rota has been cleared of sexually assaulting a woman he met on Tinder in a hotel room in southern Spain.

The Superior Court of Justice of Andalucia (TSJA) rejected an appeal lodged by the alleged victim and backed by public prosecutors, confirming the not guilty verdict handed down earlier by a court in Cadiz.

The case centred on events that unfolded in the early hours of January 2, 2023, in Jerez de la Frontera.

According to the ruling, the American national – identified only as J.G. – had arranged to meet the woman after they connected on Tinder and other social media platforms.

The pair met at around midnight in a pub in the Avenida Alvaro Domecq nightlife district, where the woman was accompanied by a friend.

After drinking alcohol together, the pair went to the nearby NH hotel, where the accused had previously booked a room.

The court accepted that the two engaged in consensual sexual activity involving kissing and touching during roughly an hour spent inside the room.

However, their accounts diverged sharply over what happened next.

The woman alleged she was vaginally penetrated without consent, while J.G. denied any penetration took place and insisted all sexual activity was consensual.

The woman attended hospital at 4.04am that same morning reporting an alleged sexual assault before later filing a police complaint in Jerez.

J.G. was arrested and initially released under strict conditions, including a restraining order and passport restrictions.

He was later remanded in custody in 2024 and placed at the disposal of authorities linked to the US military base in Rota.

The trial heard evidence from the accused, the complainant, witnesses and forensic specialists.

A key element in the case was the biological evidence.

Forensic experts testified that it was impossible to conclusively prove vaginal penetration had occurred, adding that the biological traces recovered could also be explained through ‘secondary transfer’ by contact rather than intercourse.

The original trial court in Cadiz acquitted J.G. in June 2025, concluding there was insufficient certainty to convict.

Judges highlighted that the complainant acknowledged consuming alcohol and suffered significant memory gaps regarding crucial moments of the encounter, including whether she clearly expressed refusal at the time she alleged penetration occurred.

The court therefore applied the principle of ‘in dubio pro reo’, meaning doubt must favour the accused.

The complainant and prosecutors appealed the ruling, arguing the acquittal lacked sufficient reasoning and that the evidence supported a conviction for sexual assault.

But the TSJA rejected those arguments in full.

In its ruling, the high court stressed that Spanish law gives particular protection to acquittals and limits the ability of appeal courts to overturn not guilty verdicts unless they are clearly irrational or arbitrary.

Judges stated the complainant’s testimony was ‘plagued by obscured sequences resulting from memory deficits’, making the trial court’s doubts legally reasonable.

The TSJA also noted that psychological experts were unable to firmly establish a direct causal link between the woman’s symptoms and the alleged assault, partly because she already suffered previous stress-related issues.

As a result, the acquittal stands and all restrictions against J.G. – including the restraining order and passport seizure – have been lifted.

The ruling can still be appealed before Spain’s Supreme Court.

Read more Andalucia news at the Spanish Eye.