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Five Men in Spain Acquitted of Rape Because Teen Victim Was Unconscious

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  • A Barcelona court has acquitted five men of rape charges and instead sentenced them for lesser charges of sexual abuse after determining that their crimes did not fit the legal definition of rape. 
  • The court said that the 14-year-old victim was unconscious and therefore was not forced into sex through violence or intimidation. 
  • The case has sparked renewed concerns over Spain’s sexual offense laws, which critics say are outdated and fail to protect victims.

Men Acquitted of Rape 

A court in Barcelona cleared five men of sexual assault charges on Thursday after determining that their crimes did not fit the legal definition of rape since their victim was unconscious.

Under Spanish law, a sex crime can only be classified as an assault or rape if the perpetrator uses violence or intimidation. Five of the six men accused of gang-raping a 14-year-old in Manresa have instead been convicted of a lesser charge of sexual abuse.  

The Barcelona court sentenced the men to 10 to 12 years in prison and awarded the victim 12,000 euros ($13,400) in damages. 

The sixth person was found not to have been involved in the assault and a seventh person, who was masturbating while watching, was cleared after being initially charged with failing to help the victim. 

Court’s Explanation

The attack was said to have happened at a party on October 29, 2016. The court was told the men were partying in an abandoned factory when the victim consumed drugs and alcohol and became unconscious. 

They then took turns performing sexual acts on the teen, according to a statement published on the court’s website. In her July testimony, the victim said she remembered only part of that night, but said the main defendant, Bryan Andrés, told his friends they had “15 minutes each” to rape her. She also said he forced her to have sex while brandishing a gun, which turned out to be fake. 

In a press release, the court said, “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.”

However, the court ultimately said that 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.” 

Because of this, the court said the case had to be classified as sexual abuse since “it has been proven that the victim, while the events took place … was in a state of unconsciousness.” 

Ruling Draws Similarities to ‘Wolf Pack’ case 

The decision reignited concerns over the way rape cases are prosecuted in Spain. 

The Manresa case sparked protests similar to ones held in response to another ruling involving a group of five men dubbed “the Wolf Pack.” Those men were originally acquitted of rape and instead convicted of abuse. They were handed 9 years in prison, which sparked outrage across the nation.

However, after years of demonstrations demanding justice, Spain’s Supreme Court overturned the verdict in June and sentenced the men to 15 years in prison for rape. 

That case was slightly different from the Manresa case in the sense that the controversy stemmed over the interpretation of the law and what constitutes intimidation. But regardless, both cases have thrust a spotlight on what many call a flaw in the legal system.

Ada Colau, the mayor of Barcelona even spoke out against the verdict on Twitter, calling it “outrageous.” 

“I’m not a judge and I don’t know how many years in prison they deserve, but what I know is that this is not abuse, it is rape!” the mayor added.

Social media users have also been commenting on the case under the hashtag NoEsAbuseEsViolacion (It’s not abuse, it’s rape).

Lucía Avilés, the founder of an association of female judges, told the national news agency Efe that it was time to change the criminal code so that it was “understood that only a ‘yes’ means ‘yes’ and that consent must be given in a free, conscious and responsible manner.”

Prime Minister Pedro Sánchez’s deputy prime minister, Carmen Calvo, said at a weekly news conference that the government would not comment on the ruling. However, she hinted that the case could be appealed to the Supreme Court. 

See what others are saying: (CNN) (BBC) (The New York Times) 

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Russia Takes Over 900 Azovstal Fighters Prisoner as Mariupol Surrenders

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Ukraine said the soldiers successfully completed their mission, but the fall of Mariupol represents a strategic win for Putin.


Azovstal Waves the White Flag

Russia’s foreign ministry announced on Wednesday that it had captured 959 Ukrainians from the Azovstal steelworks, where besieged soldiers have maintained the last pocket of resistance in Mariupol for weeks.

A ministry spokesperson said in a statement that 51 were being treated for injuries, and the rest were sent to a former prison colony in the town of Olenivka in a Russian-controlled area of Donetsk.

The defense ministry released videos of what it claimed were Ukrainian fighters receiving care at a hospital in the Russian-controlled town of Novoazovsk. In one, a soldier tells the camera he is being treated “normally” and that he is not being psychologically pressured, though it is unclear whether he is speaking freely.

It was unclear if any Ukrainians remained in Azovstal, but Denis Pushilin, the head of the self-proclaimed republic of Donetsk, said in a statement Wednesday that the “commanders of the highest level” were still hiding in the plant.

Previously, estimates put the number of soldiers inside Azovstal around 1,000.

Ukraine officially gave up Mariupol on Monday, when the first Azovstal fighters began surrendering.

Reuters filmed dozens of wounded Ukrainians being driven away in buses marked with the Russian pro-war “Z” symbol.

Ukraine’s deputy defense minister said in a Tuesday statement that the Ukrainian prisoners would be swapped in an exchange for captured Russians. But numerous Russian officials have signaled that the Ukrainian soldiers should be tried.

Mariupol Falls into Russian Hands

After nearly three months of bombardment that left Mariupol in ruins, Russia’s combat mission in the city has ended.

The sprawling complex of underground tunnels, caverns, and bunkers beneath Azovstal provided a defensible position for the Ukrainians there, and they came to represent the country’s resolve in the face of Russian aggression for many spectators.

Earlier this month, women, children, and the elderly were evacuated from the plant.

The definitive capture of Mariupol, a strategic port city, is a loss for Ukraine and a boon for Russia, which can now establish a land bridge between Crimea and parts of Eastern Ukraine controlled by Russian separatists. The development could also free up Russian troops around Mariupol to advance on the East, while additional reinforcements near Kharkiv descend from the north, potentially cutting off Ukrainian forces from the rest of the country.

The Ukrainian military has framed events in Mariupol as at least a partial success, arguing that the defenders of Azovstal completed their mission by tying down Russian troops and resources in the city and giving Ukrainians elsewhere more breathing room.

It claimed that doing so prevented Russia from rapidly capturing the city of Zaporizhzhia further to the west.

See what others are saying: (The Guardian) (BBC) (BBC)

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Convoy of Up to 1,000 Vehicles Evacuates Refugees From Mariupol as Russian War Effort Stalls

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Russia may have lost a third of its ground invasion force since the war began, according to British military intelligence.


Hundreds Make It Out Alive

A convoy of between 500 and 1,000 vehicles evacuating refugees from the southern port city of Mariupol arrived safely in the Ukrainian-controlled city of Zaporizhzhia on Saturday.

People have been trickling out of Mariupol for over two months, but the recent evacuation was the single biggest out of the city thus far. Russian troops, who control most of the city, did not allow the convoy to leave for days, but eventually, they relented.

The convoy first traveled to Berbyansky some 80 kilometers to the west, then stopped at other settlements before driving 200 kilometers northwest to Zaporizhzhia. Many refugees told reporters they took “secret detours” to avoid Russian checkpoints and feared every moment of the journey.

Nikolai Pavlov, a 74-year-old retiree, told Reuters he had lived in a basement for a month after his apartment was destroyed.

“We barely made it,” he said. “There were lots of elderly people among us… the trip was devastating. But it was worth it.”

63-year-old Iryna Petrenko also said she had stayed in Mariupol initially to take care of her 92-year-old mother, who subsequently died.

“We buried her next to her house, because there was nowhere to bury anyone,” she said.

Putin’s Plans Go Poorly

In Mariupol, Ukrainian fighters continue to hold the Azovstal steelworks, the only part of the city still under Ukrainian control.

On Sunday, a video emerged appearing to show a hail of projectiles bursting into white, brightly burning munitions over the factory.

The pro-Russian separatist who posted it on Telegram wrote, “If you didn’t know what it is and for what purpose – you could say that it’s even beautiful.”

Turkey is trying to negotiate an evacuation of wounded Ukrainians from the factory, but neither Russia nor Ukraine have agreed to any plan.

After nearly three months of war, Mariupol has been left in ruins, with thousands of civilians reportedly dead.

“In less than 3 month, Mariupol, one of Ukraine’s fastest developing & comfortable cities, was reduced into a heap of charred ruins smelling death, with thousands of people standing in long breadlines and selling their properties out to buy some food. Less than three months,” Illia Ponomarenko, a reporter for The Kyiv Independent, tweeted.

On Sunday, the United Kingdom’s defense ministry estimated that Russia has likely lost a third of its ground invasion forces since the war began.

Moscow is believed to have deployed as many as 150,000 troops in Ukraine.

The ministry added that Russian forces in Eastern Ukraine have “lost momentum” and are “significantly behind schedule.” Moreover, it said Russia failed to achieve substantial territorial gains over the last month while sustaining “consistently high levels of attrition.”

“Under the current conditions, Russia is unlikely to dramatically accelerate its rate of advance over the next 30 days,” the ministry concluded.

Sweden also signaled on Sunday that it will join Finland in applying for NATO membership.

See what others are saying: (The Daily Beast) (U.S. News and World Report) (The Hill)

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Israel Moves to Build Over 4,000 West Bank Settlements as Palestinian Homes Demolished

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The Israeli military is proceeding with a plan to evict at least 1,000 Palestinians from the West Bank.


Settlers Get Ready to Move in

On Thursday, a military planning body in the Israeli-occupied West Bank approved the construction of 4,427 housing units, according to the watchdog group Peace Now.

“The State of Israel took another stumble toward the abyss and further deepened the occupation,” Hagit Ofran, an expert at Peace Now, said via the Associated Press.

The plan is the largest advancement of settlement projects since President Joe Biden took office in the United States.

The U.S. opposes settlement expansion and said as much when the plan was first announced last week, but critics say Washington has done little to pressure Israel to stop.

In a statement, U.N. Mideast envoy Tor Wennesland called the settlements a “major obstacle to peace.”

“Continued settlement expansion further entrenches the occupation, encroaches upon Palestinian land and natural resources, and hampers the free movement of the Palestinian population,” he said.

In October, Israel approved some 3,000 settlement homes despite a U.S. rebuke. There are currently over 130 Israeli settlements in the West Bank harboring almost 500,000 settlers, in addition to the nearly three million Palestinians living in the territory.

Palestinians Pushed Off Their Land

On Wednesday, the same day Israeli soldiers allegedly shot and killed Al-Jazeera journalist Shireen Abu Akleh, the military demolished at least 18 buildings in the West Bank, including 12 residential ones.

Israel’s supreme court has also ruled that eight Palestinian hamlets can be expelled, potentially leaving at least 1,000 Palestinians homeless.

The area targeted is known as the Masafer Yatta, and its residents say they have been herding animals and practicing traditional desert agriculture there for decades, long before Israel took over the West Bank in 1967. Israel, however, claims there were no permanent structures there before the military designated it a firing zone in the 1980s

“What’s happening now is ethnic cleansing,” Sami Huraini, an activist and a resident of the area, told the Associated Press. “The people are staying on their land and have already started to rebuild.”

See what others are saying: (Associated Press) (Peace Now) (Associated Press)

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