A protester in Malaga holds up a sign saying "No means no" in support of the Manresa victim. Photo / Getty
A protester in Malaga holds up a sign saying "No means no" in support of the Manresa victim. Photo / Getty
A Barcelona court has cleared five men of sexual assault charges after saying the crime didn't fit the legal definition of rape because the unconscious victim didn't fight back.
Under Spanish law, a sexual attack can only be classified as rape if the perpetrator uses violence or intimidation.
Instead, last Thursday, the five men were convicted on lesser charges of sexually abusing a 14-year-old, because the unconscious girl didn't fight back.
The attack happened at a party in Manresa, a town northwest of Barcelona, in 2016.
The court heard that the group was partying in an abandoned factory when the victim fell unconscious after consuming "alcohol and drugs".
The five men then took turns performing sexual acts on the teenager, according to a statement published on the court's website.
"The sexual attack on the victim was extremely intense and especially denigrating, and in addition, it was produced on a minor who was in a helpless situation," the court said in the press release.
However, the court said the victim was "in a state of unconsciousness ... without being able to determine and accept or oppose the sexual relations maintained with defendants, who could perform sexual acts without using any type of violence or intimidation".
The men were sentenced to 10 to 12 years in prison.
The victim was also awarded 12,000 euros (NZ$20,000) in damages.
The case has placed renewed pressure on the Spanish government to reform the law, with protesters demanding any sexual act without consent should be classified as assault.
Protests over the decision are reminiscent of the response to a similar case in which five men, dubbed "the Wolf Pack", were originally acquitted of rape and convicted of abuse.
A similar case sparked fury in Spain, and was later overturned by the Supreme Court. Photo / Getty
Spain's Supreme Court overturned the decision in June, after a year of demonstrations, sentencing the men to 15 years in prison for rape.
SEXUAL HARM - DO YOU NEED HELP?
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone contact Safe to Talk confidentially:
• Call 0800 044 334 • Text 4334 • Email support@safetotalk.nz • For more info or to web chat visit www.safetotalk.nz
