‘NO ES NO’

Five Men Cleared of Gang Rape in Barcelona Because Teen Victim Was Unconscious

Spanish law dictates a sex attack can only be classified as rape if the perpetrators use violence or intimidation.

A court in Barcelona cleared five men of sexual assault charges Thursday because their unconscious 14-year-old victim didn't fight back. Spanish law dictates that a sexual attack can only be classified as an assault or rape if the attacker uses violence or intimidation. The teen victim was unconscious, meaning it couldn't be considered rape, so the five were convicted of the lesser charge of sexual abuse. The five men were sentenced to between 10 and 12 years in prison, but a conviction for assault would have led to prison sentences of between 15 and 20 years. The court said 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,” according to CNN. Barcelona's Mayor Ada Colau reacted with fury to the sentence, saying: “I am not a judge and I do not know how many years in prison they deserve, what I do know is that it is not abuse, it is rape!”