Spain child sex attack trial reopens rape law debate

Spanish prosecutors in the trial of six males accused of attacking a 14-year-old in the northeast Catalan town of Manresa say they should only face sexual abuse charges instead of prosecution for rape because the girl was drunk, had taken drugs and did not fight back.
The six defendants, whose ages were withheld, deny having sex with the child.
The trial is being associated with the high-profile 2016 Pamplona case. Five men who called themselves La Manada, “the wolf pack”, were accused of raping a teenager in Pamplona but were initially found guilty of the lesser offence of sexual abuse. Last month Spain’s supreme court increased their sentences from nine to 15 years after ruling that they had committed rape.
The original verdict caused outrage when the three judges said the 18-year-old victim did not resist and, therefore, appeared to show consent. The supreme court ruled she was too scared to fight.
The young men in the Manresa case have all denied having sexual relations with the child, although semen from one of them was found on her clothing. During the trial in Barcelona yesterday (Wednesday), one said: “I don’t know how that could have got there, she must have sat on something.”
The case has become known as the “Manada de Manresa”, or Manresa wolf pack, after the Pamplona case, which prompted nationwide protests and a review of Spanish rape laws after the appointment of a panel last year.
The six, who are on provisional release during the trial, are accused of sexually abusing the girl in October 2016 in an abandoned factory.
One of the accused, known as Bryan Andrés M, is said to have told the others: “It’s your turn. Fifteen minutes each and no delay.”
A seventh man is accused of masturbating while watching the rape and faces 18 months in jail for failing to stop the crime.
An uncle of the girl was restrained by police when he lunged towards the males as they left the court.
Like the Pamplona case, the prosecution said there was no consent but also no violence or intimidation, meaning it was not rape. The charge of sexual abuse carries a maximum term of 12 years.
The girl’s family is pursuing a private prosecution, saying the crime constitutes sexual assault.
The Pamplona rape case ignited a women’s protest movement. Picture credit: Wikimedia