At Cyprus’ Famagusta Criminal Court, five young Israeli men from Majd al-Krum were acquitted of serious charges tied to an incident at a bustling hotel pool party in Ayia Napa on September 3, 2023. The charges—two counts of sexual assault, along with sexual assault, sexual assault, sexual misconduct, and kidnapping—were linked to accusations from a 20-year-old British complainant. The complainant’s story quickly unraveled. She initially claimed she was forcibly pulled away from a party of nearly 100 people. Yet, a friend recounted that she simply went to a room with someone else. As the trial progressed, her account shifted dramatically. At first, she described non-consensual contact with a single man, but later her narrative implicated each of the men. The judges found these changes too significant to ignore, especially when set against other evidence. Laboratory tests further complicated matters. They revealed that the complainant had consumed significant amounts of intoxicating substances—specifically MDA and MDMA. Despite this, she insisted in court that she felt only “slightly impaired.” The judges interpreted this detail as a sign that her decision-making ability, and thus her ability to give consent, was not significantly affected. Another twist came from her claim of having called for help during the assault. Nearby witnesses, however, reported hearing nothing out of the ordinary. Although a subsequent medical exam found minor injuries on her body, the doctors could not conclusively link these injuries to an assault rather than consensual contact. Defense attorneys, including Nir Yaslovitzh for two of the defendants, welcomed the decision as a clear reaffirmation of standards of consent. They argued that the fluctuating narrative of the complainant ultimately weakened her case beyond repair. Meanwhile, critics like Michael Polak contended that a young woman would be unlikely to engage willingly in sexual activity with multiple people with strangers—comments that many saw as pointing to potential prejudice in the system. Delivered behind closed doors and precluding any retrial, the ruling arrives at a time when Cyprus is under increasing scrutiny for its handling of sexual violence cases. Recent concerns from the European Court of Human Rights about local investigative practices and debates over potential political influences add further complexity to the case. Ultimately, the decision underscores the critical need for consistent statements and highlights the rigorous evidentiary challenges inherent in sexual assault cases.
Five Israeli men, aged 19 to 20 from Majd al-Krum, were acquitted of two counts of rape, as well as charges of sexual assault, aggravated sexual assault, sexual harassment, and kidnapping.
The alleged incident took place during a September 2023 hotel pool party in Ayia Napa, and the trial began in October 2023.
The court found the testimony of the 20-year-old British complainant to be riddled with inconsistencies, particularly concerning her identification of the alleged perpetrators and the timeline of events.
Witnesses contradicted her claim of being forcibly taken away from the party by stating that she simply went upstairs with someone else, implying a romantic or sexual encounter.
Lab tests revealed high levels of alcohol and hallucinogens (MDA and MDMA) in her system; however, she claimed to feel only 'slightly disoriented,' leading the court to conclude that her capacity to consent was not impaired.
Her story changed rapidly—initially identifying three perpetrators, then implicating all five—undermining her credibility with the judges.
Additional testimonies disputed her claim of having cried out for help during the assault, further complicating her narrative.
While legal experts and women's rights groups decried the verdict as evidence of an unfair system, defense attorneys hailed it as a strong endorsement of standards of consent.