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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  • The case has sparked renewed concerns over Spain’s sexual offense laws, which critics say are outdated and fail to protect victims.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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95-Year-Old Woman Dies After Police Tases Her in Nursing Home

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The officer involved was suspended with pay and charged with assault.


A 95-year-old Australian woman whom police tasered in a nursing home last week has reportedly died from her injuries.

Clare Nowland, who had dementia and required a walking frame to stand up and move, was living at the Yallambee Lodge in Cooma in southeastern Australia.

At about 4:15 a.m. on May 17, police and paramedics responded to a report of a woman standing outside her room with a steak knife.

They encountered Nowland, then reportedly tried to negotiate with her for several minutes, but she didn’t drop the knife.

The five-foot-two, 95-pound woman walked toward the two officers “at a slow pace,” police said at a news conference, so one of them tasered her.

She fell to the floor and reportedly suffered a fractured skull and a severe brain bleed, causing her to be hospitalized in critical condition.

Nowland passed away in a hospital surrounded by her family, the New South Wales police confirmed in a statement today.

After a week-long investigation, the police force also said that the senior constable involved would appear in court next week to face charges of recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault.

NSW police procedure states that tasers should not be used against elderly or disabled people absent exceptional circumstances.

Following the incident, community members, activists, and disability rights advocates expressed bewilderment and anger at what they called an unnecessary use of force, and some are now questioning why law enforcement took so long to prosecute the officer involved.

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

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U.K. Police Face Backlash After Arresting Anti-Monarchy Protesters

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London Mayor Sadiq Khan said that some of the arrests “raise questions” and “investigations are ongoing.”


The Public Order Act

A controversial protest crackdown law in the U.K. is facing criticism after dozens of anti-monarchy protesters were arrested during the coronation ceremony in London over the weekend.

The law, dubbed the “Public Order Act” was passed roughly a week ahead of the coronation for King Charles III. It gives police more power to restrict protesters and limits the tactics protesters can use in public spaces. It was condemned by human rights groups upon its passing, and is facing a new round of heat after 52 people were arrested over coronation protests on Saturday.

In a statement, the Metropolitan Police said protesters were arrested for public order offenses, breach of the peace and conspiracy to cause a public nuisance. The group said it gave advance warning that its “tolerance for any disruption, whether through protest or otherwise, will be low and that we would deal robustly with anyone intent on undermining the celebration.”

It is currently unclear how many of those arrested were detained specifically for violating the Public Order Act, however, some of those arrested believe the new law was used against them.

“Make no mistake. There is no longer a right to peaceful protest in the UK,” Graham Smith, the CEO of anti-monarchy group Republic tweeted after getting arrested. “I have been told many times the monarch is there to defend our freedoms. Now our freedoms are under attack in his name.”

An Attempt to “Diminish” Protests

During a BBC Radio interview, Smith also said he believes the dozens of arrests were premeditated. 

“There was nothing that we did do that could possibly justify even being detained and arrested and held,” Smith claimed. 

“The whole thing was a deliberate attempt to disrupt and diminish our protest.”

Yasmine Ahmed, the U.K. Director of Human Rights Watch, also tweeted that the arrests were “disgraceful.”

“These are scenes you’d expect to see in Russia not the UK,” she wrote. 

When asked about the controversy, Prime Minister Rishi Sunak told reporters officers should  do “what they think is best” in an apparent show of support for the Metropolitan Police. 

For his part, London Mayor Sadiq Khan said he is looking into the matter.

“Some of the arrests made by police as part of the Coronation event raise questions and whilst investigations are ongoing, I’ve sought urgent clarity from Met leaders on the action taken,” Khan tweeted.

See what others are saying: (The Guardian) (CNN) (The Washington Post)

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Foreign Nationals Make Mad Dash out of Sudan as Conflict Rages

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The conflict’s death toll has surpassed 420, with nearly 4,000 people wounded.


As the 10-day-long power struggle between rival generals tore Sudan apart, foreign governments with citizens in the country scrambled to evacuate them over the weekend.

On Sunday, U.S. special forces landed in the capital Khartoum and carried out nearly 100 American diplomats along with their families and some foreign nationals on helicopters.

An estimated 16,000 Americans, however, remain in the country and U.S. officials said in a statement that a broader evacuation mission would be too dangerous.

Christopher Maier, the assistant secretary of defense for special operations and low-intensity warfare, said in a statement that the Pentagon may assist U.S. citizens find safe routes out of Sudan.

“[The Defense Department] is at present considering actions that may include use of intelligence, surveillance and reconnaissance capabilities to be able to observe routes and detect threats,” he said.

Germany and France also reportedly pulled around 700 people out of the country.

More countries followed with similar efforts, including the United Kingdom, Italy, Spain, the Netherlands, Canada, China, Saudi Arabia, Lebanon, and Indonesia.

Yesterday, a convoy carrying some 700 United Nations, NGO, and embassy staff drove to Port Sudan, a popular extraction point now that the airport in Khartoum has closed due to fighting.

Reports of gunmen prowling the capital streets and robbing people trying to escape, as well as looters breaking into abandoned homes and shops, have persuaded most residents to stay indoors.

Heavy gunfire, airstrikes, and artillery shelling have terrorized the city despite several proposed ceasefires.

Over the weekend, the reported death toll topped 420, with nearly 4,000 people injured, though both numbers are likely to be undercounted.

See what others are saying: (The Guardian) (The New York Times) (The Washington Post)

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