By Ben Perrin
A Birmingham dad spent nearly two years in an “unbearable” Spanish jail over a false 2am rape claim on a weekend stag do in Benidorm. The 31-year-old businessman and a friend, also from the city, were arrested at gunpoint and locked up with convicted killers for 20 months before their innocence was finally established. He lost his job and his home and was attacked twice as he languished behind bars in the searing heat of Alicante’s notorious Fontcalent Prison, dubbed one of Europe’s most feared jails. READ MORE: Heat health alert for West Midlands as Government issues five warnings Neither man was publicly named during the legal process and the father asked BirminghamLive to maintain their anonymity. Armed police were called after a woman claimed she was drugged and raped in a hotel room during the friends’ two-night stay in November 2023. The businessman, now back in the UK, said there was a consensual sexual encounter and no drugs were involved. He said they were later arrested in an operation involving more than 20 armed police officers. He said they faced jail terms of 15 years if convicted but, determined to prove their innocence, they rejected a plea deal which would have seen them serve eight years. They were cleared after CCTV evidence showing the men and the woman arriving together appearing relaxed and talking casually in a hotel lift and on a balcony was finally handed to their lawyers. Three judges found no evidence they had drugged the woman or forced her to have sex at a hearing at Alicante’s Prisentiue Supreme Court in June 2025. The pair were cleared and allowed to return to the UK. They were given papers, seen by BirminghamLive, which said “absolver y absolvemos”, which translates as “to acquit” or “to absolve”. “It still doesn’t feel real,” the businessman said. “I’m still pinching myself trying to understand it all. “What should have been a two-night trip turned into almost two years trapped there. “I lost my home as I couldn’t pay the mortgage, my car on finance, my ex-partner’s home as I was paying for that and my business as I lost my clients.” “At first when we found out (about the allegations) it was surreal – how was this possible? We thought the police would find out the truth in a few days – we thought, ‘OK we can wait while they collect CCTV or whatever.’ “But then weeks turned to months and months turned into a year and it carried on. We were looking at 15 years. “She said we gave her water and drugged her. But the water was tested and there were no drugs in her system. “She wasn’t under the influence of excess alcohol. I don’t drink. My friend had been drinking, but he was normal. It was our last night and we were flying home quite early in the morning. Everyone was taking it relatively easy. “The sexual encounter happened but it was normal. There was nothing wrong at the time. “We only heard about the allegations when we were arrested.” The men had their passports confiscated after their arrests and they were told to remain in Spain until the criminal trial. Bail was set at 5,000 euros, 拢4,200, each, but as they had overstayed their holiday visas the men would have been classed as “illegal immigrants” in the country. The dad said, had they been stopped by police, they may have faced a secondary immigration case so they were advised to remain at Fontcalent. He said the case against them finally dissolved when the CCTV was passed to their defence team. “None of it came to light until 18 months in. Two weeks before the trial they (the prosecution) provided it (the footage) to our lawyers. “It was the evidence we needed to prove everything we said. “A receptionist and security guard gave their account. When they analysed the room they didn’t find anything untoward. The water was perfectly fine and there was no evidence of foul play.” He said jail visits and calls were limited and conditions were tough. Describing the jail, he said: “It’s a very very dark place. You almost have to take yourself out from being a human just to survive. “If you don’t have money or family to support you, you have nothing. You can’t drink the tap water, with fears of legionnaires – you must drink bottled water. “A lot of people in there are suffering. It was a fend-for-yourself kind of place. I was attacked twice. “There are murderers, assassins, and people who were caught importing drugs. These are heavy criminals. While there are others who haven’t paid fines. A mix of people. “They are unbearable conditions. You don’t spend much time in the cell as you’re mainly locked in a yard in the sun for nine hours a day.” He said the 4mx3m cell consisted of a small bunk bed, a small metal desk, metal chair, open toilet and sink. He said a hospital was attached to the prison and mental health patients were re-integrated into society through the prison service. Speaking of the future, he said: “The days don’t get easier – they get harder. I’m trying to rebuild the relationship with my young children. I’m quite strong-minded but this has been very, very difficult. “I wanted to share my story as people need to be aware of the dangers of being accused of something and how difficult it is to prove your innocence. It’s dangerous. “A lot of people traveling to Spain don’t understand the dangers of the judicial system. You are guilty until proven innocent – rather than the other way around.” He added: “I had a saying while I was inside as a lot of people suffer mentally. They used to talk to me. I used to say the same thing to everybody. You’ve got to put your life into perspective – ‘you get to wake up today – a lot of people didn’t get to wake up today.’ “You can’t change what has happened, and go back on it or control it. It’s just putting one foot in front of the other and getting through it and rebuilding your life. I believe I can.”