A woman has been sentenced in Ibiza to 15 months and one day in prison for a continuous crime of libel with publicity, after accusing on social networks the renowned DJ Guy Gerber of having drugged and sexually assaulted her during a party in Mykonos in 2013.
The sentence, issued by theCriminal Court No. 1 of Ibiza, strongly maintains that “the rape of which Gerber is accused did not occur“.
The post, shared on Instagram by more than 900,000 people, became the epicenter of a campaign called Our time is now, in which the woman encouraged other alleged victims of the artist to come forward.
However, justice has confirmed that the complaint was false, that virality was used to harm the artist and that, ultimately, his reputation was attacked without evidence.
Judge dismantles the complainant’s story
Judge Clara Ramirez de Arellano concludes that the young woman “knowingly attributed to Gerber a crime of rape, knowing it to be false”.
According to the court ruling, reported by Prensa Ibérica, the woman never reported the incident to the police, did not go to a medical center and did not inform her immediate family of what had happened, despite working in a law firm and having legal advice at her disposal.
“It is surprising the attitude of the defendant, who in the face of the seriousness of the facts that she herself published in her social networks and having the possibility of obtaining legal advice (…) did not tell anyone anything,” states the sentence, which also orders the full publication of the court decision in the social networks of the convicted for six months.
In her version, the woman had explained through social media that she met the artist on July 27, 2013 in Mykonos.
“He was finishing up DJing, so I went over to sit next to him and that’s when he offered me, as he told me, a line of stimulant drug and a shot of alcohol. Since I was sober, I thought it wouldn’t be such a bad idea,” she said at the time.
She claims that minutes later she lost mobility and that the next thing she remembers is Gerber escorting her to her room, where she became unconscious.
“I regained consciousness about four or five hours later, woke up totally confused, next to him, naked in bed, with no memory of what had happened and intense pain between my legs.”
In her publications she also indicated that she had bruises that persisted for several days and that she did not report them at the time because she did not remember what had happened.
The DJ version
DJ Guy Gerber, represented by attorney Jaime Campaner, defended from the outset that the relationship was completely consensual and that there was no type of aggression and no substance was administered to override the woman’s will.
The judge considers it proven that the producer and the complainant had consensual sex at the home of a mutual friend during a party in Mykonos, on the night of July 21, 2013. According to the proven facts, Gerber did not commit any crime and acted at all times with the consent of the other party.
A story full of contradictions
In her account posted on social media, the woman claimed that Gerber offered her “a line of stimulant drug and a shot of tequila,” after which she began to feel strange .
“About 10 to 15 minutes later, I saw him leaning in to kiss me. I felt totally shocked and immediately wanted to push him away, but I could no longer move my arms (…). The next and last thing I remember is that he put his arm around me and escorted me to his room while my consciousness faded to total darkness as if I were a light switch,” she wrote.
Hours later, according to her version, she woke up naked in bed next to him, with “intense pain in her vagina” and no memory of anything.
However, the judge questions the veracity of these claims, pointing out that there is no medical evidence, no witnesses to corroborate his condition, and no toxicological analysis to support the consumption of Rohypnol, a potent drug linked to cases of chemical submission.
Irreparable damage to the artist’s image
Although the accusation turned out to be false, the media repercussions of the case were devastating for Guy Gerber, whose professional image was severely damaged.
According to the sentence, “several contracts were canceled to the DJ (including several in Ibiza nightclubs) that would have meant a very high income for him”.
However, the artist decided not to claim any type of compensation, something that the magistrate highlights in a positive way: “He has even waived any compensation that might correspond to him, despite the serious moral damage caused to him and his family”.
Another accusation with the same pattern
During the trial, according to Prensa Ibérica, the woman admitted having publicly accused another man in March 2022 for an alleged sexual assault in Ibiza, also under the same pattern: chemical submission with Rohypnol. Neither in that case did she come forward to denounce, nor were medical examinations or tests carried out.
The judge emphasizes that “it is striking that on two occasions, in two different places and by two different men, the defendant has been drugged with Rohypnol and sexually assaulted, and in neither of the two cases has she filed the corresponding complaint or received medical assistance”.
Freedom of speech or public lynching?
The ruling clarifies that no victim is obliged to report immediately, but must respect the legal framework if they decide to make the facts public: “When a complaint is made, it must be made to the competent bodies for investigation, so that the rights of the alleged perpetrator can also be safeguarded”.
The magistrate considers that the woman’s decision to wait nine years to spread the accusation on social networks, instead of going to the authorities, “says a lot about the person who chooses this option, casting serious doubt on the veracity of her claims.”
Although her immediate imprisonment has not been requested as it is a sentence of less than two years and no previous convictions, the woman must comply with the publication of the sentence in her networks, in addition to bearing the procedural costs.
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