Five men acquitted of rape because unconscious teenage victim didn’t fight back

(CNN)A court in Barcelona cleared five men of sexual assault charges on Thursday after saying the crime did not fit the legal definition of rape because the unconscious teenage victim didn’t fight back.

Under Spanish law, a sexual attack can only be classified as an assault or rape if the perpetrator uses violence or intimidation. Because the 14-year-old victim was unconscious, the five were convicted of a lesser charge of sexual abuse.
The case renewed pressure on the government to reform the law and specify that any sexual act without consent is an assault.
The Barcelona court sentenced the five men to 10 to 12 years in prison, despite the prosecution arguing they should be charged with assault.

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