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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  • The case has sparked renewed concerns over Spain’s sexual offense laws, which critics say are outdated and fail to protect victims.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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Gang That Kidnapped American and Canadian Missionaries in Haiti Seeks $17 Million Ransom

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The incident has fueled calls for the government to take action against gangs, which control many territories in the country and have repeatedly carried out large-scale abductions for ransom


Missionary Abduction

The gang that abducted 17 American and Canadian missionaries in Haiti on Saturday is demanding $17 million for their safe release, Haitian officials said Monday.

The group, which consists of one Canadian and 16 Americans, are all part of Christian Aid Ministries, an Amish and Mennonite charity based out of Ohio with a long history of working in Haiti.

While on their way to visit an orphanage in Croix des Bouquets, a suburb of the capital Port-au-Prince, the group’s bus was stopped at gunpoint by the 400 Mawozo gang. The gang is known for being one the most dangerous in the area, reportedly having about 150 members.

Multiple outlets, including CNN and Reuters, report that during the gang’s confrontation with the missionaries some victims managed to get messages out to associates to let them know what was going on. One even managed to drop a pin location on his mobile phone, helping authorities get a better idea of where exactly this happened.

By 4:53 p.m on Saturday, the kidnappers contacted Christian Aid Ministries to make their steep demands. According to authorities, the request is a noticeable jump from the thousands to tens of thousands the gang typically asks for.

Lack of Government Control

While Haitian authorities are involved in the investigation to free the missionaries, they actually have little power in the area. Croix des Bouquets is largely out of the government’s control and is instead run by 400 Mawozo. Government authority being replaced by gang activity isn’t uncommon in Haiti, and in some places, government control is almost completely lacking. This was highlighted on Sunday when Prime Minister Ariel Henry was forced to turn back from a wreath-laying ceremony at the grave of revolutionary war hero Jean-Jacques Dessalines due to its placement in gang territory.

The issue makes recovering the missionaries far more complex, but Haitian authorities aren’t alone. The FBI has been involved in the investigation and is continuing to help Haitian authorities.

“The FBI is part of a coordinated US government effort to get the Americans involved to safety. Due to operational considerations, no further information is available at this time,” The agency said in a statement to Reuters.

Reports indicate that the hostages are being held in some kind of safe house for the gang. Currently, no one is believed to be physically hurt. The gang has warned against harming the hostages, although according to a Haitian security forces member who spoke with CNN, the group didn’t seem too worried about those threats.

Haitians Call for Changes

Abductions in Haiti have always been an issue, but the problem has become particularly bad lately. In 2020, the Haitian National Police reported 234 kidnappings. In the first eight months of this year, there have been at least 328.

Some organizations claim that number is actually low. In fact, the Center for Analysis and Research for Human Rights reported that at least 600 people have been abducted this year. The center said that much of the increase was caused by 400 Mawozo, who have figured out that kidnapping busloads of people is more profitable than just taking individuals.

The issue is so prolific that just before the kidnapping on Saturday, a Haitian transportation union called for an indefinite strike starting Monday, with its president further justifying the move in a written statement a day later.

“We call on the government to put an end to the kidnappings and provide us safety or for them to resign immediately. We are the most victims; the transportation sector is an easy target for kidnappers all over the country,” Union President Méhu Changeux wrote. “We lost many members to the insecurity and dozens of members have been kidnapped. The latest tragedy of the kidnapping of the American missionaries shows no one is safe in this country.” 

Since Monday, many parts of the country have come to a standstill amid the strike, putting increased pressure on a government with little resources to handle the underlying cause of discontent: gang activity and government instability.

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

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5 Dead, 2 Injured After Bow and Arrow Attack in Norway

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Police have called the incident a terror attack, though exact details regarding the suspect’s motives remain unclear.


Super Market Attack

The Norwegian town of Kongsberg is reeling from a deadly incident at Coop Extra supermarket on Wednesday that police are treating as “an act of terrorism.”

Shortly before 6 p.m., a 37-year old Danish man entered the market, armed with a bow and arrow, along with other weapons. He then began firing at those inside the building.

Authorities quickly responded and were on the scene within five minutes. Despite a police confrontation with the suspect, the attack continued. Four women and one man were ultimately killed while two others were left injured.

The suspect initially avoided arrest after managing to flee the scene. Police Chief Ole Bredrup Sæverud told reporters Thursday that it took 35 minutes to catch the attacker.

Unclear Motives

While police described the incident as a terror attack, they refused to specify a motive. Officials did hint that the rampage might have been religiously motivated by revealing that police had previously been in contact with the suspect due to his conversion to Islam and possible connections to radical content and teachings. Still, Sæverud clarified that the perpetrator hadn’t been actively investigated at all in 2021.

Prime Minister Erna Solberg, who was just hours away from leaving office after she was ousted in recent elections, described reports of the scene as “horrifying” on Wednesday. Incoming Prime Minister Jonas Gahr Støre said in a Facebook post from Thursday morning that the attack was a “cruel and brutal act.”

Norway’s King Harald expressed his sympathies to the mayor of Kongs-berg, telling the country, “We sympathize with the relatives and injured in the grief and despair.” 

And we think of all those affected in Kongs-berg who have experienced that their safe local environment suddenly became a dangerous place. It shakes us all when horrible things happen near us, when you least expect it, in the middle of everyday life on the open street.”

Attacks of this nature are rare in Norway. In 2019, a right-wing gunman tried to enter a mosque before being overpowered and hitting no one. Wednesday’s attack is the most deadly since July 2011, when a far-right extremist killed 77 people at a Labour party summer camp.

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murderers or suspected mass murderers who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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Protests Erupt in Italy Over World’s Toughest Vaccine Mandate

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The violence is believed to have been instigated by far-right groups that oppose COVID-19 vaccines and other pandemic-related safety measures.


Green Pass Pushback

Demonstrators gathered in Rome over the weekend to protest against Italy’s plans to require a coronavirus “Green Pass” for all workers starting Oct. 15.

The Green Pass is a European Union initiative that shows whether someone is vaccinated, has recovered from COVID-19 in the past six months, or has received a negative COVID test in the past 48 hours.

Since August, Italy has required the pass for entry at restaurants and use of long-distance trains, along with nearly every other activity that involves interaction with others or use of a public space. Now, the pass will be required to enter a workplace, which critics argue is particularly harsh.

Individuals who can’t produce a valid Green Pass will be suspended without pay, making it the most extreme of any COVID-19 mandate in the world.

The weekend protests started out peaceful, with people chanting “Liberta,” which means freedom. However, the scene turned violent by Saturday when a group of protesters affiliated with the far-right Forza Nuova party decided to storm the headquarters of the CGIL, Italy’s biggest and oldest labor union.

Protesters then marched towards the Prime Minister’s office, prompting police to respond with anti-riot measures like tear gas, water cannons, and shield charges.

It’s unclear how many protesters were hurt in the ongoing fighting, but dozen of police officers were reportedly hurt in the scuffle. By Sunday evening. at least 12 protesters were arrested, many of who are members of Forza Nuova, including its leader Roberto Fiore. Authorities also indicated in a press conference on Monday that it had identified at least 600 other people who took part in illegal activities during the demonstrations.

Fiore was unapologetic about the rioting, and Forza Nuova said in a statement, “The popular revolution will not stop, with or without us, until the Green Pass is definitively withdrawn. Saturday was a watershed between the old and the new. The people decided to raise the level of the clash.”

Fascist Banning

Saturday’s events have led many of the country’s largest political parties, including the 5Star Movement and the Democratic Paty, to support a motion calling for Nuova Forza and similar groups to be dismantled in line with a constitutional provision from 1952 that bans fascists parties.

While that motion is still going through the legislative process, prosecutors have already seized the group’s website in line with a 1988 law that bans inciting violence through public communications.

The events [on Saturday] take us back to the darkest and most dramatic moments of our history and they are an extremely serious and unacceptable attack on democracy,” Valeria Fedeli, a senator with the center-left Democratic Party, said on Monday.

The violence from the weekend may make it seem like a sizeable chunk of Italians are against the vaccine; however, over 70% of all Italians are already vaccinated, making it one of the highest rates in the world.

According to polling from the summer, most Italians think the new rules will help in the long run and prevent another catastrophe like last year when the country ran out of room to bury the dead due to the number of deaths caused by COVID-19.

See what others are saying: (CBS News) (NPR) (Politico)

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