Spanish Prosecutor’s Office drops sexual assault complaint against Julio Iglesias

The Public Prosecutor’s Office of the Spanish National Court has dismissed the complaint filed against Julio Iglesias by an NGO on behalf of two former employees of the singer, who accused him of alleged sexual assault and human trafficking, among other crimes. The Public Prosecutor’s Office, which had opened pre-trial proceedings (a kind of preliminary investigation to analyze whether it has jurisdiction to take on the case and whether there is sufficient evidence to proceed), has cited the “lack of jurisdiction of the Spanish courts” to pursue the case, according to a ruling handed down on January 23. According to the account of the complainants, the artist’s alleged illegal actions took place in 2021 in the Dominican Republic and the Bahamas.

“The National Court, following the criteria set by our Highest Court, has repeatedly interpreted [...] that Spain does not have jurisdiction to investigate crimes committed abroad when there are no relevant links to our country,” explains the ruling, which adds: “Especially when the victims are foreign nationals and are not residents of Spain; when the alleged perpetrators are also foreign nationals or are not in Spain (or, if they are [Spanish citizens], are not in our country); and when the facts are being investigated or can be investigated in the State where they occurred.”

In this regard, in a seven-page document, the Public Prosecutor’s Office emphasized that “there is no evidence” that the authorities of the Dominican Republic and the Bahamas “have waived their jurisdiction or are unable to exercise it.” The Public Prosecutor’s Office also reviewed other aspects that conditioned the launch of an investigation against Iglesias in Spain through the complaint: such as that “all of the allegedly criminal acts would have occurred outside Spanish territory”; and that the complainants not only lack Spanish nationality, but also do not reside in Spain, nor do they maintain “their center of life, interests, or activity” in the country, “nor have they traveled” with the artist to Spain.

The organization Women’s Link Worldwide filed the complaint in early January on behalf of the two former employees (one Brazilian and one Colombian). The NGO stressed that it refused to go to court in the Dominican Republic and the Bahamas. It indicated that it had chosen Spain because “it has laws protecting against trafficking and gender-based violence, through the international treaties to which it is a party and its legislative development, which can give these women access to justice.” In an attempt to get the National Court to take on the case, the association pointed to Iglesias’ Spanish nationality.

A former domestic worker reported that she was pressured to have sex with the singer. A physical therapist said she was touched inappropriately. Both said they were insulted during their workday, according to an investigation by eldiario.es and Univisión.

According to the NGO, the reported incidents could constitute crimes of human trafficking for the purposes of forced labor and servitude, and crimes against sexual freedom and indemnity such as sexual harassment, sexual assault, and injury.

In its ruling, the prosecutor’s office noted that it granted the two former employees protected witness status, and questioned them remotely on Wednesday and Thursday. However, after hearing their testimony and their first-hand account, the office concluded that it lacked jurisdiction to pursue the case. “[The Supreme Court] expressly points out the limits to the extraterritorial expansion of jurisdiction, recalling that it is not for Spain to investigate acts committed beyond its borders when another State has clear and effective jurisdiction to do so,” the Public Prosecutor’s Office emphasized.

Iglesias has denied the accusations. The singer hired one of Spain’s most influential criminal lawyers, José Antonio Choclán, to counter the legal offensive against him. The lawyer, who unsuccessfully attempted to attend the pre-trial proceedings opened by the Public Prosecutor’s Office, argued that the National Court lacked jurisdiction to take on the investigation.

This decision by the Public Prosecutor’s Office does not prevent the NGO from now attempting to open criminal proceedings by filing a complaint directly with the investigating courts of the National Court. Friday’s setback does not close that avenue, but the association will then go to court knowing that the Public Prosecutor’s Office does not support it.

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