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

Published: 3 November 2019

A court in Barcelona cleared five men of sexual assault charges 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 survivor was unconscious, the five were convicted of a lesser charge of sexual abuse.
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