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| Spain rape trial prosecutors push for lesser charge as victim ‘did not fight back’ | |
| (32 minutes later) | |
| Prosecutors in the trial of seven young men accused of raping a 14-year-old girl in an abandoned factory in the Spanish town of Manresa have argued that they should only face the lesser charge of sexual abuse because the girl was drunk, under the influence of drugs and didn’t fight back. | Prosecutors in the trial of seven young men accused of raping a 14-year-old girl in an abandoned factory in the Spanish town of Manresa have argued that they should only face the lesser charge of sexual abuse because the girl was drunk, under the influence of drugs and didn’t fight back. |
| The trial has been dubbed the Manresa Manada after the notorious case of five men who styled themselves la Manada – the wolf pack – who were accused of raping a teenager in Pamplona but were initially found guilty of the lesser offence of sexual abuse. | The trial has been dubbed the Manresa Manada after the notorious case of five men who styled themselves la Manada – the wolf pack – who were accused of raping a teenager in Pamplona but were initially found guilty of the lesser offence of sexual abuse. |
| Last month the supreme court increased their sentences from nine to 15 years ruling that they had committed rape. | Last month the supreme court increased their sentences from nine to 15 years ruling that they had committed rape. |
| The original verdict caused outrage in Spain when the three judges concluded that the victim, 18, who had only met her attackers 20 minutes before the assault, didn’t resist and was therefore complicit. The supreme court ruled that she was simply too terrified to fight. | The original verdict caused outrage in Spain when the three judges concluded that the victim, 18, who had only met her attackers 20 minutes before the assault, didn’t resist and was therefore complicit. The supreme court ruled that she was simply too terrified to fight. |
| The accused in the Manresa case have all denied having sexual relations with the victim, although sperm from one of them was found on her clothing. On the opening day of their trial in Barcelona on Wednesday, one said: “I don’t know how that could have got there, she must have sat on something.” | The accused in the Manresa case have all denied having sexual relations with the victim, although sperm from one of them was found on her clothing. On the opening day of their trial in Barcelona on Wednesday, one said: “I don’t know how that could have got there, she must have sat on something.” |
| The prosecution alleges that six of the men raped the girl on 29 October 2016 in the abandoned factory in the town of Bages, while the seventh looked on while masturbating. He faces 18 months for failing to come to her aid. | The prosecution alleges that six of the men raped the girl on 29 October 2016 in the abandoned factory in the town of Bages, while the seventh looked on while masturbating. He faces 18 months for failing to come to her aid. |
| The shocking rape trial that galvanised Spain’s feminists – and the far right | The shocking rape trial that galvanised Spain’s feminists – and the far right |
| It is alleged that one of the accused took the girl, who was clearly very drunk, into a shack where he raped her. He then invited the others to do likewise, telling them they were only allowed 15 minutes each. | It is alleged that one of the accused took the girl, who was clearly very drunk, into a shack where he raped her. He then invited the others to do likewise, telling them they were only allowed 15 minutes each. |
| In what appears to be a re-run of the la Manada case, the prosecution claims that, while there was no consent, nor was there violence or intimidation and so the offence cannot be considered rape, even though the victim was in no state to resist. The charge of sexual abuse carries a maximum sentence of 12 years. | In what appears to be a re-run of the la Manada case, the prosecution claims that, while there was no consent, nor was there violence or intimidation and so the offence cannot be considered rape, even though the victim was in no state to resist. The charge of sexual abuse carries a maximum sentence of 12 years. |
| The defence claims that the girl was intimidated and is demanding a sentence of 15 to 20 years. | The defence claims that the girl was intimidated and is demanding a sentence of 15 to 20 years. |
| In the supreme court ruling in the original la Manada case last month, the judges cited what they called “contextual intimidation”, because the victim was dragged into a hallway and was outnumbered by five men. | In the supreme court ruling in the original la Manada case last month, the judges cited what they called “contextual intimidation”, because the victim was dragged into a hallway and was outnumbered by five men. |
| The case has led to calls for a reform in the law relating to rape and sexual abuse. Spain’s socialist government proposes changing the law on consent to be: yes means yes. Anything else, including silence, would then be interpreted as no. | The case has led to calls for a reform in the law relating to rape and sexual abuse. Spain’s socialist government proposes changing the law on consent to be: yes means yes. Anything else, including silence, would then be interpreted as no. |
| Today’s court session was adjourned early due to the death in the family of one of the lawyers. As the accused were led from court the victim’s uncle had to be restrained by police when he tried to attack one of them shouting “he’s evil and she thought they were going to kill her”. | Today’s court session was adjourned early due to the death in the family of one of the lawyers. As the accused were led from court the victim’s uncle had to be restrained by police when he tried to attack one of them shouting “he’s evil and she thought they were going to kill her”. |
| The victim will testify on Monday and a friend who accompanied her on the night in question is due to testify in the next few days. | The victim will testify on Monday and a friend who accompanied her on the night in question is due to testify in the next few days. |
| The prosecution was reported to be considering increasing the charge to rape, depending on the victim’s testimony. | The prosecution was reported to be considering increasing the charge to rape, depending on the victim’s testimony. |
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