The punishment for a group of men who attacked a women has caused anger in the Basque Country and in Spain. Five men have been tried for attacking a woman during the 2016 San Fermin festivities at Iruñea, Navarre. The Navarrese High Court's reading of the sentence caused considerable media interest: each of the men has been condemned to a nine-year sentence, expenses of 50,000 euros and a restraining order.
The five men are all from Seville, Spain. They had been accused of theft as well as sexual aggression. The prosecutor called for prison sentences of 22 years and 10 months for each of the men; private prosecution called for 24 year sentences; the people’s prosecutor called for 25 year sentences. The defence, on the other hand, called for absolution.
The sentence did not consider there to have been rape or sexual crime, just "sexual abuse". The five attackers were also absolved of crimes against intimacy, and only one of them will be punished for theft.
Three of the five men are in Iruñea prison, and the other two (a soldier and a Civil Guard) are in military prison in Madrid. They have been in prison for 21 months.
Thousands of angry people in the street
As soon as the sentence was known thousands of people went out onto the street in the Basque Country and in Spain to express their anger: "It isn't abuse, it's rape!" has been their slogan. Amongst other places, Iruñea city hall square has been crowded once more.
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The judges' main argument was that the victim did not show any resistance, which meant that it was not rape. Further more, one of the three judges, Ricardo Gonzalez, called for absolution for all five men, saying that the sexual relations had taken place in an atmosphere of 'excitement' and 'euphoria'.
But that same sentence admits that the woman found herself "surrounded by five strong adult males" and, consequently, "decided to submit". During the trial the victim confirmed that she had been in a state of shock.
The sentence also affects the definition of rape, making it necessary to demonstrate physical violence and pain in order to prove that a rape has taken place.
The sentence has been widely criticised, amongst others by the feminist movement, which has pointed out that 'submitting' is not the same thing as 'accepting'. Furthermore, in the end it was the woman's version of what happened which was put on trial.
The sentence also affects the definition of rape, making it necessary to demonstrate physical violence and pain in order to prove that a rape has taken place. "Who will report a rape after this?" they have asked. #GukSinestenZaitugu ("We Believe You") has been one of the hash tags used on social media.