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| The ‘wolf pack’ case showed the world how Spanish law is mired in misogyny | The ‘wolf pack’ case showed the world how Spanish law is mired in misogyny |
| (6 months later) | |
| The fight for women’s rights is far from over in Spain. That’s been laid painfully bare in the wake of the manada (“wolf pack”) case – its name drawn from the Whatsapp group of a number men who would boast to their friends about their sexual exploits, about group sex and drugging women for the purpose of abusing them, and who expressly used the word rape.“I’ve got pills at bargain prices. For raping,” one wrote. | The fight for women’s rights is far from over in Spain. That’s been laid painfully bare in the wake of the manada (“wolf pack”) case – its name drawn from the Whatsapp group of a number men who would boast to their friends about their sexual exploits, about group sex and drugging women for the purpose of abusing them, and who expressly used the word rape.“I’ve got pills at bargain prices. For raping,” one wrote. |
| Early morning on 7 July 2015, during Pamplona’s San Fermín bull running festival, five men from this group took an 18-year-old woman into the lobby of a building where they sexually penetrated her nine times within the space of half an hour – five times orally, three vaginally and once anally. They then left her lying there, having stolen her mobile phone so she couldn’t immediately call for help. After that, they bragged about it on their Whatsapp group, posting photos and videos. | Early morning on 7 July 2015, during Pamplona’s San Fermín bull running festival, five men from this group took an 18-year-old woman into the lobby of a building where they sexually penetrated her nine times within the space of half an hour – five times orally, three vaginally and once anally. They then left her lying there, having stolen her mobile phone so she couldn’t immediately call for help. After that, they bragged about it on their Whatsapp group, posting photos and videos. |
| In April, they were sentenced to nine years in prison for sexual abuse, but acquitted of rape. Across Spain, women took to the streets to protest. They chanted: “It’s not abuse, it’s rape!” Last week, a provincial court in Pamplona ruled that these men could be released on bail. Women across Spain again reacted by pouring out on to the street. | In April, they were sentenced to nine years in prison for sexual abuse, but acquitted of rape. Across Spain, women took to the streets to protest. They chanted: “It’s not abuse, it’s rape!” Last week, a provincial court in Pamplona ruled that these men could be released on bail. Women across Spain again reacted by pouring out on to the street. |
| I am a woman, a criminal court judge with 20 years of experience, and a feminist. The “wolf pack” verdict outraged me and I find the decision to release these men very unsettling. | I am a woman, a criminal court judge with 20 years of experience, and a feminist. The “wolf pack” verdict outraged me and I find the decision to release these men very unsettling. |
| One judge even claimed the events had occurred in a 'general atmosphere of fun and revelry' | One judge even claimed the events had occurred in a 'general atmosphere of fun and revelry' |
| During the trial, videos filmed by those men were shown in the courthouse: images of a young woman cornered and unable to react, literally paralysed, surrounded by five men, all older and stronger than her, in a narrow lobby with only one exit. She kept her eyes shut during the ordeal. | During the trial, videos filmed by those men were shown in the courthouse: images of a young woman cornered and unable to react, literally paralysed, surrounded by five men, all older and stronger than her, in a narrow lobby with only one exit. She kept her eyes shut during the ordeal. |
| The verdict, handed down by the three judges (by a majority vote) stated that rape had not taken place – only sexual abuse, a lesser offence. It said the young woman had adopted “an attitude of submission and subjugation”. In Spain, only sex that involves violence or intimidation can constitute rape. One of the judges even claimed that what had taken place was entirely consensual sex. He added that these events had occurred in a “general atmosphere of fun and revelry”. | The verdict, handed down by the three judges (by a majority vote) stated that rape had not taken place – only sexual abuse, a lesser offence. It said the young woman had adopted “an attitude of submission and subjugation”. In Spain, only sex that involves violence or intimidation can constitute rape. One of the judges even claimed that what had taken place was entirely consensual sex. He added that these events had occurred in a “general atmosphere of fun and revelry”. |
| What also incensed me, along with many other women, is that the most widespread reaction among Spanish judges was to condemn the protests, not the verdict. This points to a mindset in which public criticism is somehow deemed to be a threat to the rule of law and the independence of the judiciary. | What also incensed me, along with many other women, is that the most widespread reaction among Spanish judges was to condemn the protests, not the verdict. This points to a mindset in which public criticism is somehow deemed to be a threat to the rule of law and the independence of the judiciary. |
| Nothing could be further from the truth. Spain’s wave of protests must be seen as a sign that a worrying gap has appeared between many citizens and the judicial system. | Nothing could be further from the truth. Spain’s wave of protests must be seen as a sign that a worrying gap has appeared between many citizens and the judicial system. |
| It is not hard to see that our national legislation carries a heavy legacy of sexism. It’s as if judges would rather judge the woman who has been victimised rather than those who stand accused of attacking her. Some things in our judiciary haven’t entirely changed since the Franco era – not least in the way judges are trained, through the rote learning of laws, and the weight carried by experienced peers. | It is not hard to see that our national legislation carries a heavy legacy of sexism. It’s as if judges would rather judge the woman who has been victimised rather than those who stand accused of attacking her. Some things in our judiciary haven’t entirely changed since the Franco era – not least in the way judges are trained, through the rote learning of laws, and the weight carried by experienced peers. |
| Pedro Sánchez, the socialist head of the new government, criticised the verdict while he was in opposition. This month he appointed Dolores Delgado, a feminist prosecutor, as the new minister for justice. She has said that what’s needed is a change of mindset as well as a change in the law. | Pedro Sánchez, the socialist head of the new government, criticised the verdict while he was in opposition. This month he appointed Dolores Delgado, a feminist prosecutor, as the new minister for justice. She has said that what’s needed is a change of mindset as well as a change in the law. |
| Spain is a country that signed up to the UN declaration on the elimination of violence against women. In 2007, it passed a law on “effective equality between men and women”, which says that all legislation must be interpreted in ways that help prevent discrimination against women. | Spain is a country that signed up to the UN declaration on the elimination of violence against women. In 2007, it passed a law on “effective equality between men and women”, which says that all legislation must be interpreted in ways that help prevent discrimination against women. |
| In 2014, Spain joined the Istanbul convention of the Council of Europe, according to which violence against women is a serious violation of human rights and a form of discrimination. The convention says that a non-consensual sexual act amounts to a criminal offence. | In 2014, Spain joined the Istanbul convention of the Council of Europe, according to which violence against women is a serious violation of human rights and a form of discrimination. The convention says that a non-consensual sexual act amounts to a criminal offence. |
| There’s no doubt feminism has advanced considerably in Spain in my lifetime. On 8 March, a massive women’s strike in Spain made international headlines. This groundswell played no small role in the fact that Spain’s new centre-left government is two-thirds female, a welcome change and one that sets a record in Europe. | There’s no doubt feminism has advanced considerably in Spain in my lifetime. On 8 March, a massive women’s strike in Spain made international headlines. This groundswell played no small role in the fact that Spain’s new centre-left government is two-thirds female, a welcome change and one that sets a record in Europe. |
| But our judicial system continues to be chauvinistic. It insists that a young woman must be able to provide proof that she was terrorised, or tried to resist, in the face of sexual aggression. If this had been a man surrounded by five other men in a doorway, he would have immediately handed over his wallet or mobile phone. And a Spanish court would have described that situation as robbery with intimidation. No proof of resistance would have been required, nor would the victim be suspected of having willingly put himself in that situation. | But our judicial system continues to be chauvinistic. It insists that a young woman must be able to provide proof that she was terrorised, or tried to resist, in the face of sexual aggression. If this had been a man surrounded by five other men in a doorway, he would have immediately handed over his wallet or mobile phone. And a Spanish court would have described that situation as robbery with intimidation. No proof of resistance would have been required, nor would the victim be suspected of having willingly put himself in that situation. |
| Pamplona court to release sexual abuse gang on bail | |
| People power has expressed itself in many ways in Spain since the “15 M” (15 May) movement started in 2011. Crowds have occupied squares across the country, calling for greater guarantees for fundamental rights – the right to housing, to public education, health care and social services. To many, it had become clear that state institutions tasked with ensuring checks and balances would be applied to powerful groups had failed in their mission. Popular anger grew in the aftermath of multiple corruption scandals. | People power has expressed itself in many ways in Spain since the “15 M” (15 May) movement started in 2011. Crowds have occupied squares across the country, calling for greater guarantees for fundamental rights – the right to housing, to public education, health care and social services. To many, it had become clear that state institutions tasked with ensuring checks and balances would be applied to powerful groups had failed in their mission. Popular anger grew in the aftermath of multiple corruption scandals. |
| But somehow the “15 M” movement didn’t question the way our judicial system functions. One reason was that, at the start of the protests, judges upheld citizens’ rights. They overruled evictions and they fought back against abusive contracts customers had signed with banks. They also scrutinised the many consequences of labour reform. | But somehow the “15 M” movement didn’t question the way our judicial system functions. One reason was that, at the start of the protests, judges upheld citizens’ rights. They overruled evictions and they fought back against abusive contracts customers had signed with banks. They also scrutinised the many consequences of labour reform. |
| As time passed, however, criminal high courts started demonstrating a distinct lack of independence from political power. They fell even further into disrepute when various political conflicts were dragged through the courts, particularly over Catalonia. Now, Spain’s justice system is increasingly being called out for its sexism. | As time passed, however, criminal high courts started demonstrating a distinct lack of independence from political power. They fell even further into disrepute when various political conflicts were dragged through the courts, particularly over Catalonia. Now, Spain’s justice system is increasingly being called out for its sexism. |
| What Spanish women have been protesting against isn’t just one case nor the behaviour of one group of men, but a system in which chauvinism is structural and institutional. Public trust in the judiciary needs to be rebuilt. Women are calling for equality and respect. Decades after our transition to democracy was achieved, Spain’s judicial system remains deeply tainted with patriarchy and traditionalist Catholic morality. The “wolf pack” case has shown there’s still much more we need to do to make women’s voices heard. | What Spanish women have been protesting against isn’t just one case nor the behaviour of one group of men, but a system in which chauvinism is structural and institutional. Public trust in the judiciary needs to be rebuilt. Women are calling for equality and respect. Decades after our transition to democracy was achieved, Spain’s judicial system remains deeply tainted with patriarchy and traditionalist Catholic morality. The “wolf pack” case has shown there’s still much more we need to do to make women’s voices heard. |
| • Victoria Rosell is a judge and a feminist activist in Madrid | • Victoria Rosell is a judge and a feminist activist in Madrid |
| This article was amended on 27 June 2017. As a result of an editing mistake, an earlier version erroneously suggested that the writer was in the court when videos filmed by the men on trial were shown | This article was amended on 27 June 2017. As a result of an editing mistake, an earlier version erroneously suggested that the writer was in the court when videos filmed by the men on trial were shown |
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