Five men cleared of gang rape at Spain's bull-running festival

Updated

Thousands of protesters have taken to the streets across Spain after a court cleared five men of the gang rape of a teenager at the 2016 San Fermin bull-running festival in Pamplona.

Key points: Five men given nine-year sentences for sexual abuse

Politicians condemn the ruling

The annual festival draws thousands of tourists from all over the world

The court in the northern region of Navarra convicted the men, who had recorded video of the attack on their mobile phones and laughed about the incident afterwards on a WhatsApp group, with the lesser crime of sexual abuse.

The state prosecutor had asked for prison sentences of more than 20 years for each of the men. Instead they were given nine-year sentences.

The incident took place in the lobby of a building in the early hours of the morning at the San Fermin festival, which brings more than 1 million people to Pamplona for the nine-day festival in July.

One of the men stole the woman's mobile phone following the attack, leaving her with no means of contacting the friend with whom she had come to the festival.

She was found crying on a bench by a couple who rang the police when she said she had been sexually assaulted. She made a statement to the police, describing the five men who were later arrested.

Fragments of video from the men's mobile phones taken at the scene were used as evidence in the trial, alongside witness accounts and biological tests. The defence team argued the incident was a case of consensual group sex.

Under Spanish law, the lesser charge of sexual abuse differs from rape in that it does not involve violence or intimidation.

The charge is used in cases of sexual activity between underage partners or those seen not capable of giving permission for sexual contact, such as those who are severely handicapped or under the influence of drugs or drink.

The decision drew immediate criticism and outrage. Thousands gathered in cities across Spain — from Seville to Barcelona and outside the Justice Ministry in Madrid — bearing notices reading "I believe you, sister" and chanting, "It's not abuse, it's rape".

In Madrid, men and women packed central streets chanting, "Shame. Shame" and, "No means no".

Politicians across the spectrum condemned the ruling.

"As a citizen and as a father, I find it hard to understand this sentence," Albert Rivera, head of market-friendly political party Ciudadanos, tweeted.

"It seems to be saying to victims that if you don't take on five thugs double your size, putting your life at risk, it's not rape," Pablo Iglesias, leader of left-wing Podemos, said.

The case had already sparked widespread anger around Spain following concern over increased reports of sex attacks at the annual festival and over the mistreatment of women in general.

It has also drawn international attention, coming at a time of heightened global concern over the sexual abuse of women in the wake of the Harvey Weinstein scandal.

Regional Government will appeal against ruling

The five-month trial was held behind closed doors to protect the victim's identity.

The five men, including a former policeman and a former soldier, and the victim, who was 18 at the time of the incident, were not present in court.

The men, dubbed by Spanish media The Wolf Pack after the name of their WhatsApp group, have been held in custody since July 2016.

The judge, who did not give the reasoning behind the sentence, also ordered the men to pay the victim 50,000 euros ($80,112) in compensation. The ruling can be appealed in Spain's Supreme Court.

Navarra's regional Government, where the San Fermin festival takes place, will appeal against the ruling, a government spokeswoman said.

The Running of the Bulls involves hundreds of people dressed in white shirts and red neckerchiefs running down narrow streets in front of fighting bulls before ending in the city's bull-ring, where bullfights take place in the afternoon.

The festival is just as famous for the drinking and revelry on the sidelines, with huge street parties, processions and firework displays. The event draws thousands of tourists from all over the world.

Reuters

Topics: law-crime-and-justice, courts-and-trials, sexual-offences, spain

First posted</s>Gang rape or sex abuse? Spain eyes changes to its rape laws

MADRID (AP) — The Spanish government is considering whether changes to the law are needed after a court rejected charges of gang rape against five men and convicted them instead on a lesser charge of sexual abuse, an official said Friday.

Street protests erupted across Spain on Thursday after a court in the northern city of Pamplona sentenced the five men to nine years each in prison for sexual abuse. Activists described the attack during the 2016 running of the bulls festival in Pamplona as a gang rape.

Government spokesman Inigo Mendez de Vigo said Friday that the Spanish government respects the independence of courts but added that it "has always been, is and will always be on the side of the victims." He called the attack "despicable."

Justice Minister Rafael Catala has begun consultations with legal experts to assess whether changes to Spain's rape laws are required, Mendez de Vigo said.

Also Friday, a top prosecutor in northern Spain said he will appeal the five men's convictions.

Jose Sanchez, the top prosecutor in Navarra province, said the attackers —who took pride in their actions on a WhatsApp group named "La Manada" or "The (animal) Pack"— should be punished for "sexual assault (rape) and not only for sexual abuse."

The verdict by two judges in Navarra and a third's dissenting vote to acquit the attackers has brought widespread anger and social debate in Spain. Many people are calling for legal reform and criticizing what they perceive as machismo in the judiciary.

The Spanish criminal code says evidence of violence or intimidation must exist for the more severe offense to be proved.

Any changes to the law require approval by a majority of lawmakers in parliament.</s>Protests have erupted across Spain after five men were jailed for nine years each for sexual abuse in what activists saw as a gang rape during the 2016 running of the bulls festival in Pamplona.

Protests have erupted across Spain after five men were jailed for nine years each for sexual abuse in what activists saw as a gang rape during the 2016 running of the bulls festival in Pamplona.

Protests held across Spain after five men cleared for Pamplona gang rape

Police stopped the crowd from advancing toward the entrance to the court, with some angry demonstrators shoving officers. Thousands of protesters gathered hours later in central Pamplona and most of Spain's major cities, including Madrid, Barcelona, Sevilla, Bilbao, Valencia and Zaragoza.

Demonstrators shouted slogans like "No is no!" while some waved homemade signs and wore red gloves as a symbol of protest. The five members of La Manada - or The Pack, after the nickname the group gave themselves - were found guilty of sexual abuse, which does not involve violence or intimidation under Spain's criminal code.

The prosecution had argued that violence was used and the 18-year-old victim did not consent to intercourse. The court on Thursday chose the lesser sexual abuse charge in contrast to the more severe charge prosecutors sought along with harsher sentences of more than 22 years in prison.

The court agreed there was no consent because the defendants were in a position of "superiority that curtailed the victim's freedom". One of the three judges in the panel voted in favour of acquitting the defendants, the court said.

According to testimony at the trial, the men offered to accompany the victim to her car but instead hauled her into a building where they filmed their assault with their smartphones. They then took her mobile phone and left. The men argued that the young woman had consented to intercourse.

To support the claim, their lawyers produced detectives' reports on the victim's behaviour after the incident, causing outrage among women's rights groups who said the victim was being judged for her behaviour rather than the attackers. The defence then withdrew the report. In addition to the prison time, the court ruled they should jointly compensate the victim with €50,000 and refrain from contacting her for 15 years.

The five have been in pre-trial custody since they were arrested after the incident. The president of Spain's Feminist Party, Lidia Falcon, told La Sexta television that the ruling means rape in Spain is "practically free" of punishment. Spanish Deputy Prime Minister Soraya Saenz de Santamaria said the government "had to respect" the controversial ruling, while adding that authorities must respond to the public uproar.

"I think we have to analyse what we as public authorities must do so that incidents like this don't happen again in our country," she said. Justice Minister Raphael Catala said that the laws in question date from 1995 and should be reviewed to see if "it is convenient to push for their revision".</s>A Spanish court condemned on Thursday five men accused of the group rape of an 18-year-old woman at the 2016 San Fermin bull running festival in 2016 to nine years in prison each for the lesser crime of sexual abuse.

MADRID: A Spanish court on Thursday cleared five men of the gang rape of an 18-year-old woman at the 2016 San Fermin bull-running festival in Pamplona, convicting them of the lesser crime of sexual abuse.

The decision drew immediate criticism and outrage. Protesters gathered outside the court building chanted: "It's not abuse, it's rape", and shook their fists at the building.

The so-called "Wolf Pack" case had already sparked widespread anger around Spain following concern over increased reports of sex attacks at the annual festival and over the mistreatment of women in general.

It has also drawn international attention, coming at a time of heightened global concern over the sexual abuse of women in the wake of the Harvey Weinstein scandal.

After a five-month trial held behind closed doors to protect the victim's identity, a judge read out the sentences in the court in the northern region of Navarra.

The state prosecutor had asked for prison sentences of more than 20 years for each of the men. Instead they were given nine-year sentences.

Under Spanish law, the lesser charge of sexual abuse differs from rape in that it does not involve violence or intimidation.

The charge is used in cases of sexual activity between underage partners and those seen not capable of giving permission for sexual contact, such as those who are severely handicapped or under the influence of drugs or drink.

Feminist groups scheduled protests for Thursday evening in Spanish cities around the country, including outside the Justice Ministry in Madrid, in reaction to the sentence.

"If five people surrounding a girl is not aggression, the question has to be what is wrong with our criminal code?" former Secretary of State for Equality Soledad Murillo said in comments published in El Pais newspaper.

National Police also showed their support for the victim, saying in a Tweet: "No is no - we are with you".

The regional government of Navarra, where the San Fermin festival takes place, will appeal the ruling, Spanish press quoted a regional government spokeswoman as saying. No one at the regional government could immediately be reached for comment.

The five men, including a former policeman and a former soldier, and the victim were not present in court. The men, dubbed by Spanish media "The Wolf Pack" after the name of their WhatsApp group, have been held in custody since July 2016.

The judge, who did not give the reasoning behind the sentence, also ordered the men to pay the victim 50,000 euros (£43,517.19) in compensation. The ruling can be appealed in Spain's Supreme Court.

The incident took place in the lobby of a building in the early hours of the morning at the San Fermin festival, which brings more than one million people to Pamplona for the nine-day-long festival in July.

The woman was found crying by two people who rang the police when she said she had been sexually assaulted. She made a statement to the police, describing the five men who were later arrested.

Fragments of video from the men's mobile phones taken at the scene were used as evidence in the trial, alongside witness accounts and biological tests. The defence team argued the incident was a case of consensual group sex.

The Running of the Bulls involves hundreds of people dressed in white shirts and red neckerchiefs running down narrow streets in front of fighting bulls before ending in the city's bull-ring, where bullfights take place in the afternoon.

The festival is just as famous for the drinking and revelry on the sidelines, with huge street parties, processions and firework displays. The event draws thousands of tourists from all over the world.

Thousands of people took to the streets two years ago to protest against sexual assault at the festival and the Pamplona council has mounted a campaign against sexual harassment in recent years, increasing policing and encouraging women to report attacks.</s>MADRID (Reuters) - A Spanish court condemned on Thursday five men accused of the group rape of an 18-year-old woman at the 2016 San Fermin bull running festival in 2016 to nine years in prison each for the lesser crime of sexual abuse.

The case had sparked widespread anger around Spain given increased reports of incidents of sex attacks at the festival, which brings over a million people to the northern Spanish city of Pamplona for the nine-day-long festival.</s>A Spanish court condemned on Thursday five men accused of the group rape of an 18-year-old woman at the 2016 San Fermin bull running festival in 2016 to nine years in prison each for the lesser crime of sexual abuse.

MADRID: A Spanish court on Thursday cleared five men of the gang rape of an 18-year-old woman at the 2016 San Fermin bull-running festival in Pamplona, convicting them of the lesser crime of sexual abuse.

The case had sparked widespread anger around Spain following

concern over increased reports of sex attacks at the annual festival and over the mistreatment of women in general.

The case has also drawn international attention, coming at a time of heightened global concern over the sexual abuse of women in the wake of the Harvey Weinstein scandal.

Following the ruling, protesters gathered outside the court chanting: "It's not abuse, it's rape" and shook their fists at the building.

The state prosecutor had asked for prison sentences of more than 20 years for each of the men. Instead they were given nine-year sentences.

After a five-month trial held behind closed doors to protect the victim's identity, a judge read out the sentences in a televised address from the court in the northern region of Navarra.

Under Spanish law, the lesser charge of sexual abuse differs from rape in that it does not involve violence or intimidation.

The five men, including a former policeman and a former soldier, and the victim, who is from Madrid, were not present in court. They have been held in custody since July 2016.

The judge, who did not give the reasoning behind the sentence, also ordered the men to pay the victim 50,000 euros (£43,579) in compensation. The ruling can be appealed in Spain's Supreme Court.

The incident took place at the San Fermin festival, which brings more than million people to Pamplona for the nine-day-long festival in July.

The Running of the Bulls involves hundreds of people dressed in white shirts and red neckerchiefs running down narrow streets in front of fighting bulls before ending in the city's bull-ring, where bullfights take place in the afternoon.

However, the festival is just as famous for the drinking and revelry that takes place on the sidelines with huge street parties, processions and firework displays. The event draws thousands of tourists from all over the world.

Thousands of people took to the streets two years ago to protest against sexual assault at the festival and the Pamplona council has mounted a campaign against sexual harassment in recent years, increasing policing and encouraging women to report attacks.

Feminist groups scheduled protests for Thursday evening in Spanish cities around the country, including outside the Justice Ministry in Madrid, in reaction to the sentence.</s>Spain could change its criminal law after five men accused of gang raping a teenager at the Pamplona bull run were jailed for sexual abuse.

Thousands of people staged a second day of protests across the country, including in Barcelona and Madrid, after the five men were sentenced on Thursday to nine years in jail for the lesser offence.

Demonstrators gathered outside the Pamplona court which handed down the verdict, shouting "it's not sexual abuse, it's rape".

They also held banners reading "palace of injustice".

The Spanish government announced on Friday that it would consider reforming the law in response.

Activists described the attack on an 18-year-old woman during the 2016 running of the bulls festival as a gang rape.

The men, aged 27 to 29, were accused of attacking the woman at the entrance to an apartment building at the start of the week-long San Fermin festival, which draws tens of thousands of visitors.

Leaving her half naked, the group, which included a Guardia Civil policeman and a former solidier, then stole her mobile phone.

The five, all from Seville, also filmed the incident with their phones and then bragged about it on a WhatsApp group where they referred to themselves as "La Manada" - the pack.

Judges acquitted them of sexual assault, which includes rape, after ruling there was no "violence or intimidation" in the case.

The judges also ruled the victim had not consented, but neither had she expressed any opposition.

Several left-wing politicians questioned the verdict, and the regional government of Navarre province said it would launch an appeal because it "shares the discontent of the citizens".

The prosecutors office said it will also challenge the judgement, after prosecutors argued during the trial last autumn there was "serious intimidation and it prevented resistance or flight".

Lawyers had called for each of the men, several who are "ultras" who support FC Sevilla, to be jailed for 22 years and 10 months.

The group has been kept in pre-trial custody since they were arrested and were also ordered to pay the victim €50,000 (£43,923) in compensation.

Their lawyers argued the victim agreed to the sexual encounter and only admitted the gang had stolen her mobile phone.

Lawyers for four of the men said they would appeal, as did the woman's lawyer.

Further demonstrations are planned in Pamplona for Saturday, the Pamplona Woman's Movement said.</s>MADRID — A Spanish court has sentenced five Spanish men to nine years each in prison for a gang rape during the 2016 running of the bulls festival in Pamplona, a case that drew controversy for the way the victim was treated during the trial.

The five members of “La Manada” — or “The Pack,” the nickname they gave themselves — argued during last year’s proceedings that the young woman consented. To support their argument, the defence produced a detective’s report on her behaviour after the July 2016 rape.

The court announced Thursday it found the men guilty of sex abuse but not sexual aggression, in which violence must be seen. They must also jointly compensate her 50,000 euros ($61,000) and refrain from contacting her for 15 years.

The verdict can be appealed.</s>The men from Seville, in their late 20s, were found guilty of the offence of sexual abuse – but a rape charge was thrown out.



The court heard they attacked their victim in the lobby of a building on July 7 2016. They recorded the assault on mobile phones and shared it over WhatsApp via a group called "the wolf pack".



The five men - José Angel Prenda, Alfonso Jesús Cabezuelo, Ángel Boza, Jesús Escudero and Antonio Manuel Guerrero - were convicted of a “continuous offence of sexual abuse” and jailed for nine years.

They were also ordered to pay €10,000 compensation to the woman.

Yesterday at a court in Pamplona, Judge José Francisco Cobo ruled there was "no evidence of the violence or intimidation that would have defined the attack as rape".</s>Protests have swept through the cities of Spain as five men accused of gang rape of a teenager during the 2016 Pamplona bulls festival were found guilty of the lesser offense of sexual abuse.

People, holding placards, shouted slogans "This justice is bullsh*t," "It's not abuse, it's rape!" gathering outside the justice ministry in Madrid, the Plaça Sant Jaume in Barcelona and in a number of other cities.

​The verdict on the case was delivered at a court in Pamplona, the capital of the Navarre region in northern Spain. The five defendants were sentenced to nine years in prison and ordered to pay €10,000 each to the young woman, who was 18 years old at the time of the attack.

The judges characterized the attack as "continuous sexual abuse," but not rape. According to Spanish law, the lesser offense of sexual abuse does not involve violence or intimidation, which differs it from rape.
A court in Pamplona, Spain convicts a group of five men on charges of sexual abuse at the festival of San Fermín in 2016, clearing them of charges of gang rape.