An RAF soldier has been arrested in Mallorca after a British tourist accused him of rape. He is released from custody and allowed to fly home after the “victim” did not confirm his complaint in court

• The 27-year-old remains under investigation for the alleged sexual assault

A serving RAF soldier has been arrested in Mallorca after a British holidaymaker accused him of raping her at a four-star hotel in Magaluf. He was released from custody and allowed to leave the island.

The 27-year-old was told he remained under investigation over the alleged sexual attack in Magaluf and would have to respond to future court summonses.

But last night his passport was returned to him after he was dragged before a judge in handcuffs following a night in a police cell – and he was told he could fly back to the UK after his complainant failed to uphold her original complaint in court.

He now faces several weeks and possibly months of uncertainty as he waits to see whether the case against him will be dropped and the investigating judge tries to determine whether the woman who accused him of forcing himself on her will give a new statement under oath want.

News of the military man’s arrest emerged yesterday, just before he was seen arriving in court in the Mallorcan capital Palma wearing the same clothes he was wearing when he was arrested at the island’s airport on Monday, just before catching a flight back boarded to Great Britain.

His accuser, who is believed to have returned to the UK yesterday, told police he forced himself on her at a Magaluf hotel where she was staying after meeting her at a bar in the party resort several hours earlier and time spent with her on the beach.

The alleged sexual assault is said to have occurred around 5am on Monday on a terrace at the hotel, which we are not naming to protect the identity of the 21-year-old woman who reported it to the police.

She told investigators her attacker tore her dress and forced her to perform a sex act on him before raping her.

It is understood Guardia Civil officers only discovered the suspect’s identity hours after she lodged a formal complaint.

They headed to Palma airport to intercept him after discovering that he had left the hotel where he was staying, which was different from the hotel where the alleged sexual assault took place.

Yesterday’s court hearing took place behind closed doors, as is customary in Spain, where only public hearings take place.

A source on the island described the Briton as a serving member of the British Armed Forces who was born abroad but lived in Britain and worked for the RAF.

Another said: “He was on holiday in Mallorca with a group of rugby players who had come to the island to take part in an event.”

“He was arrested shortly before boarding his flight back to the UK.”

The Briton’s lawyer is now expected to file a formal motion to have the case dismissed.

No formal charges have yet been laid and criminal prosecution would be unlikely if the holidaymaker at issue chooses not to face charges.