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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  • The case has sparked renewed concerns over Spain’s sexual offense laws, which critics say are outdated and fail to protect victims.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) 

International

Tunisian President Fires Prime Minister, Suspends Parliament Over Deadlock and COVID-19 Response

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President Kais Saied claims his actions are constitutional and have the support of the military, which has already blocked off government buildings. His opponents, however, call the move little more than a coup.


President Makes Massive Changes to Government

Tunisia’s government received a major shakeup after President Kais Saied fired the Prime Minister and froze parliament late Sunday.

The move, according to Saied, was meant to break years of parliamentary deadlock between Prime Minister Hichem Mechichi and various political parties that have sturggled to find common ground. However, the timing comes just after a massive protest over how the government has handled the COVID-19 pandemic turned violent earlier on Sunday.

Either way, the move risks sparking a confrontation between Saied —who is backed by the army — and various political parties that view his actions as a coup.

The President’s actions have proven cotnroversial. Despite that, he has widepsread support after being elected in 2019 on a platform to fight corrupt politicians.

After the announcement, tens of thousands have taken to the streets in support of his decision to dismiss the Prime Minister and parliament, with many cheering as he appeared among the crowd Sunday night.

In recent months, anger at the ruling government has only increased as many feel the ruling coalition, largely made up of the Islamist Ennahda (“Renaissance”) party, have been ineffective.

It’s a common belief in Tunisia that Ennahda’s rule, alongside its tenuous coalition, helped exacerbate problems caused by the COVID-19 pandemic, which led to the economy shrinking by 8% as tourism plummeted.

One of the President’s supporters told Reuters and other outlets during Sunday’s demonstration, “We are here to protect Tunisia. We have seen all the tragedies under the rule of the Muslim Brotherhood.”

He mentioned the Muslim Brotherhood, which had a strong presence in Egpyt after the Arab Spring, becuase Ennahda has longstanding relationship with the group, although it has sought to distance itself as a more moderate political group over the last few years.

Now, for their part, the ruling coalition has argued that Saied’s move is clearly unconstitutional. Rached Ghannouchi, leade of Ennahda and Parliamentary Speaker, said that he is “against gathering all powers in the hands of one person.” His position isn’t without supporters eithers. Both sides have already gathered throughout the capital and have thrown rocks at each other.

Legalities of Article 80

The question across many minds is whether or not Saied’s actions are actually constitutional.

He claims that under Article 80 of the constitution, he can fire the Prime Minister, suspend parliament for 30 days, and appoint a premier to rule — all of which is true.

However, in order to do that, the Prime Minister and the Parliamentary Speaker need to be consulted; something Parliamentary Speaker Ghannouchi said was never done. It’s unclear what Mechichi’s position is as he’s stayed inside his home all day, though the army says he is not under any kind of arrest.

In addition to those requirements, a Constitutional Court needs to approve the move, and one hasn’t been set up. As the German Foregin Office put it on Monday morning, it seems like Saied is relying on “a rather broad interpretation of the constitution.”

International observers hope a solution will soon be made to keep what seems to be the last functional democracy to come from the Arab Spring from devolving into civil war or dictatorship.

See what others are saying: (The Washington Post) (Reuters) (BBC)

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South Korean President Makes BTS Official Presidential Envoys

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The position is largely ceremonial but will be used by the government to help give a friendly and popular face to national and international initiatives spearheaded by Seoul.


Government Recognition

The K-pop band BTS will be adding to its list of global impacts this year after South Korean President Moon Jae-in appointed its members as Presidential Envoys on Wednesday.

The role will include attending international conferences such as the United Nations General Assembly in September.

At these events, BTS will perform “various activities to promote international cooperation in solving global challenges, such as improving the environment, eliminating poverty and inequality, and respecting diversity,” according to Park Kyung-mee, a Blue House spokesperson.

The band has already appeared at U.N. conferences multiple times over the last few years.

Just last year, the group gave a message of hope and reassurance through the U.N. during the COVID-19 pandemic. Prior appearances at the U.N. have been either as part of U.N. organizations or as private citizens.

Wednesday’s appointment will make them official representatives of South Korea, although they won’t actually engage in any direct diplomacy and instead will be used to promote the country’s ongoing efforts in youth-related projects.

Longstanding Policy

BTS’ success, alongside prior and current K-pop groups, has remained a masterclass of soft diplomacy by the Korean government. For decades, the Korean government has cultivated promoting cultural aspects abroad in the hopes of generating more interest in the country. There are hopes that such efforts will encourage more tourism as well as an elevated image when consumers consider Korean-made products.

Such efforts, beyond cultivating K-pop and raising its stars as semi-official government symbols, also include helping fund Korean restaurants abroad as well as free Korean-language classes taught by Professors of some of Korea’s most prestigious schools.

The news comes as BTS’ newest single, “Permission to Dance,” quickly took the #1 spot on the Billboard top 100. BTS is also partnering with YouTube to promote a Permission to Dance challenge on YouTube Shorts that will begin tomorrow and end on August 4.

Fans will be encouraged to replicate dance moves from the music video, and the group’s favorite clips will be put into a compilation made by them.

See what others are saying: (Yonhap News) (The Korea Times) (All Kpop)

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Over 1 Million Chinese Displaced After Record Rainfall

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The rain has created waist-high waters throughout the capital of China’s Henan province, drastically affecting the lives of its over 10 million inhabitants.


Trapped in a Flood

The Henan province of central China experienced severe rainfall over the last week that has left at least 25 dead and displaced more than 1.2 million people due to severe flooding, according to figures released by Chinese authorities Wednesday.

Meteorologists claim that the sudden, severe rainfall is caused by Typhoon In-Fa colliding with a high-pressure system over Henan province.

The floods have forced people to wade through waist-high water throughout Zhengzhou, the region’s capital. In one tragic incident Monday, 12 people died after they were trapped in the subway amid rising waters. A similar situation occurred Tuesday, causing multiple lines to be trapped in chest-high water for up to three hours before rescue workers managed to save them. Since then, metro authorities have shut down many of Zhengzhou’s rail lines.

Between Monday and Tuesday alone, Zhengzhou was hit with an estimated 25 inches of rain, equating to about 87% of its average annual rainfall. At one point, seven inches of rain occurred in less than an hour.

In an effort to alleviate rising waters, authorities breached a nearby dam to release floodwaters on Tuesday, although it’s unclear how much that helped as many dams and rivers in the region have overflowed for days.

Elsewhere in Henan, villages have been cut off by landslides and flooding, killing at least four others and leaving some areas without power for more than 24 hours.

Long Recovery Ahead

The region was finally able to begin recovery efforts Wednesday as conditions have begun to die down.

Despite reduced rainfall, the situation has still proven to be dire, leading President Xi Jinping to issue a statement through state media ordering authorities to give top priority to people’s safety and property.

In total, more than 17,000 firefighters have been mobilized for rescue efforts, as well as local volunteers and other rescue crews from other provinces.

Chinese companies have rushed to donate money to help the affected communities, and so far over $300 million has been donated.

It’s likely that for some time, hundreds of thousands in the region will be left without homes as authorities begin the work of ensuring that buildings are safe to return to.

See what others are saying: (South China Morning Post) (BBC) (The New York Times)

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