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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  • The case has sparked renewed concerns over Spain’s sexual offense laws, which critics say are outdated and fail to protect victims.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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Treated Radioactive Water From Japanese Nuclear Power Plant Will Be Released Into Ocean

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  • The Japanese government confirmed Tuesday that it will officially move forward with plans to dump millions of gallons of radioactive water from the Fukushima nuclear power plant into the ocean.
  • The government spent a decade decontaminating the water, only leaving a naturally occurring isotope in it that scientists recognize as safe for people and the environment.
  • Despite the safety claims, protesters took to the streets in Tokyo to show disapproval of the decision. Local business owners, in particular, have expressed fears that more municipalities worldwide could ban Fukushima products, including fish, because of distrust in the water.
  • Meanwhile, officials have insisted that the dump is necessary as the water takes up a massive amount of space, which is needed to store highly radioactive fuel rods from the remaining cores at the now-defunct nuclear facility.

Editor’s Note: The Japanese government has asked Western outlets to adhere to Japanese naming conventions. To that end, Japanese names will be written as Family Name followed by Given Name.

Radioactive or Bad Publicity?

After years of discussions and debate, the Japanese government announced Tuesday that it will dump radioactive water from the Fukushima nuclear power plant into the ocean.

Government officials consider the move necessary, but it’s facing backlash from local businesses, particularly fisheries, over potential consequences it could have. Many are especially concerned that the decision will create bad press for the region as headlines about it emerge. For instance, a headline from the Guardian on the issue reads, “Japan announces it will dump contaminated water into sea.”

While the water is contaminated and radioactive, it’s not nearly what the headlines make it out to be. The government has spent the last decade decontaminating it, and now it only contains a trace amount of the isotope tritium. That isotope is common in nature and is already found in trace amounts in groundwater throughout the world. Its radiation is so weak that it can’t pierce human skin, meaning one could only possibly get sick by ingesting more than that has ever been recorded.

According to the government, the decontaminated water at Fukushima will be diluted to 1/7 of the WHO’s acceptable radiation levels for drinking water before being released into the ocean over two years.

Something Had To Eventually Be Done

Over the last decade, Japan has proposed this plan and other similar ones, such as evaporating the water, which the International Atomic Energy Agency said last year met global standards.

The water has been sitting in containers for years, so why is there a push to remove it now? Space and leakage seem to be the primary reasons.

The water containers are slowly being filled by groundwater, and the government expects to run out of space relatively soon. Space is sorely needed, as Prime Minister Suga Yoshihide has pointed out in the past that the government wants to use the space to store damaged radioactive fuel rods that still need to be extracted from the plant. Unlike the water, those rods are dangerously radioactive and need proper storage.

Regardless, Suga reportedly recognizes that removing the water is going to end up as a lose-lose situation.

“It is inevitable that there would be reputational damage regardless of how the water will be disposed of, whether into the sea or into the air,” he said at a press conference last week. As expected, the government’s decision did trigger backlash, prompting many demonstrators to take to the streets of Tokyo Tuesday in protest.

To this day, eleven countries and regions still ban many products from the Fukushima prefecture despite massive clean-up efforts that have seen people returning to the area to live.

See what others are saying: (NPR) (KBS World) (NBC News)

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Greta Thunberg To Skip U.N. Climate Change Conference, Citing Vaccine Inequality

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  • Young environmental activist Greta Thunberg will not attend the U.N.’s climate change conference set to take place in Glasgow, Scotland this November.
  • “Inequality and climate injustice is already the heart of the climate crisis. If people can’t be vaccinated and travel to be represented equally that’s undemocratic and would worsen the problem,” the 18-year-old tweeted Friday, adding, “Vaccine nationalism won’t solve the pandemic. Global problems need global solutions.”
  • Since rollouts began late last year, 40% of vaccines have been administered in wealthy and Western countries, according to The Washington Post.
  • Scientists have warned that the longer the virus continues to circulate widely, the more chances it will have to change and potentially develop vaccine resistance.

Thunberg Points To Vaccine Inequality

Swedish climate activist Greta Thunberg has said she is skipping the UN’s climate change conference.

The COP26 summit is set to take place in Glasgow, Scotland in November, but 18-year-old Thunberg told BBC she won’t attend because she’s concerned about the impact COVID-19 will have on attendance.

In a Twitter thread Friday, she responded to a headline about her plans to miss the summit.

“Of course I would love to attend…But not unless everyone can take part on the same terms. Right now many countries are vaccinating healthy young people, often at the expense of risk groups and front line workers (mainly from global south, as usual…),” she wrote.

“Inequality and climate injustice is already the heart of the climate crisis. If people can’t be vaccinated and travel to be represented equally that’s undemocratic and would worsen the problem.”

“Vaccine nationalism won’t solve the pandemic. Global problems need global solutions,” the teen continued.

Thunberg went on to say that if the summit is delayed, it doesn’t mean urgent action should too.

“We don’t have to wait for conferences nor anyone or anything else to dramatically start reducing our emissions. Solidarity and action can start today,” she added before noting that digital alternatives for the conference would also be insufficient.

“High speed internet connection and access to computers is extremely unequal in the world. In that case we would lack representation from those whose voices need to be heard the most when it comes to the climate crisis,” she wrote.

Data on Global Vaccine Distribution Efforts

According to The Washington Post, nearly 20% of people in the United States are now vaccinated, but many other countries are unlikely to hit that same metric by the end of the year, even with international assistance through the Covax program.

Current projections predict it could be years before developing countries distribute enough doses to come close to herd immunity, which scientists say requires inoculating around 70-80% of a population.

Since rollouts began late last year, enough shots have been distributed to fully vaccinate about 5% of the world’s population, but The Post reported that the vast majority have been administered in wealthy and Western countries.

Around 40% of vaccines have been given in 27 wealthy nations that include only 11% of the world’s population, according to the Bloomberg Vaccine Tracker.

That’s pretty concerning because scientists also warn that the longer the virus continues to circulate widely, the more chances it will have to change and potentially develop vaccine resistance.

Thunberg’s comments are a blow for U.K. organizers, who have already postponed the conference once from last November because of the pandemic. Even now, there has been speculation that it could be delayed again this year.

Thunberg would not play a formal role at the conference but her decision not to attend is a significant symbolic moment.

At COP25, the young climate change activist gave a headline speech and she typically attends major climate events of this nature. On top of that, reports say this summit was slated to be one of the most consequential climate conferences since the 2015 Paris accord.

On the agenda for this year’s conference discussions were country-level plans for cutting carbon emissions, along with progress on the Paris agreement and the U.N. Framework Convention on Climate Change.

See what others are saying: (Insider) (CNBC) (The Washington Post)

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Japan To Explore Plans for Releasing Fukushima Power Plant Water Into Ocean

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  • Japanese Prime Minister Suga Yoshihide is reportedly planning to meet with officials and agencies soon to discuss how to dispose of about a million gallons of radioactive water from the Fukushima power plant.
  • The supply of water used to cool down fuel rods is stored on-site, and the government has spent a decade decontaminating it, only leaving a naturally occurring isotope in it that scientists recognize as safe for people and the environment.
  • Local businesses, particularly fisheries, are still concerned about the release of the water because of ensuing headlines that might lead to public distrust in their products, but Suga insists the water needs to go to make way for safely storing the far more dangerous nuclear fuel rods.

Editor’s Note: The Japanese government has asked Western outlets to adhere to Japanese naming conventions. To that end, Japanese names will be written as Family Name followed by Given Name.

Dangerous Water or Scary Headlines?

As early as next week, Japanese Prime Minister Suga Yoshihide will hold a ministerial meeting to discuss the likely release of radioactive water from the Fukushima nuclear power plant into the ocean.

The decision to release the water isn’t sudden, as the recommendation to do so has been around for over a year by various government agencies. Regardless, the decision has consistently faced backlash from local groups, particularly fisheries, over how the move will affect their livelihoods, not because the water is radioactive but because the headlines would look bad and cause fear that their products aren’t safe.

While the water is radioactive, the government has spent the last decade decontaminating it, and now it only contains a trace amount of the isotope tritium. That isotope is common in nature and is already found in trace amounts in groundwater throughout the world. Some scientists, like geological disposal of nuclear waste expert James Conca, have pointed out that “no harm has ever come to humans or the environment from tritium, no matter what the concentration or the dose.”

Delay, Delay, Delay

The issue of the contaminated water has been kicked down the road for years, and Suga wants to resolve it because space is running out on the grounds of the plant. The water storage facilities house over a million gallons of water, which is constantly being added to as some of the stores have rainwater and groundwater seep into them.

The water is considered safe to people but takes a huge amount of space that the government wants to use to store damaged radioactive fuel rods that still need to be extracted from the plant. Unlike the water, the rods are dangerous if not properly stored.

The International Atomic Energy Agency said the plan to get rid of the water is sound and meets global standards.    Dumping treated water into the sea is completely normal for a nuclear power plant, even in non-emergency situations.

Regardless, Suga reportedly recognizes that it’s a lose-lose situation, with Kishi reporting that he said, “It is inevitable that there would be reputational damage regardless of how the water will be disposed of, whether into the sea or into the air.”

The sentiment that the headlines would hurt local industries is likely right because even to this day, eleven countries and regions still ban many products from the Fukushima prefecture, despite massive clean-up efforts that have seen people returning to live in the area.

See what others are saying: (Kyodo News) (The Mainichi) (Japan Today)

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