Men acquitted of rape because unconscious teen, 14, didn't fight back
Five Spanish men were acquitted of rape on the grounds their 14-year-old victim was unconscious at the time.
A Barcelona-based court ruled the men were guilty of the lesser crime of sexual abuse, sentenced them to 10-12 years and fined them $A20,000.
It ruled their actions could not be considered rape since the girl was unconscious after consuming alcohol and drugs and so they did not need to use violence or intimidation, a requirement for a rape conviction in Spain.
Spain's deputy prime minister Carmen Calvo said while her government does not comment on court decisions it has set as a priority a modification in the law to make clear that consent is necessary for sexual relations to occur legally.
The attack occurred in the town of Manresa, near Barcelona, in 2016 when the girl and the men went into an abandoned factory to drink.
The court said that since the victim was unconscious during the attack, she "could not accept or reject the sexual relations" and the men "could carry out those sexual relations without the use of violence or intimidation".
Barcelona Mayor Ada Colau and other left-wing politicians and feminist groups have condemned the ruling, as well as clamouring for the law to be strengthened in the victim's favour.
"An unconscious 14-year-old girl was gang raped. I am not a judge and I don't know how many years of prison they deserve, (but) what I do know is that this is not abuse, it is rape!" Colau wrote on Twitter.
A similar 2017 ruling sparked widespread protests when five men were found guilty of sexually abusing a woman but acquitted of rape for an attack in Pamplona.
Spain's Supreme Court later overruled the lower court and convicted them of rape.
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