A Change for Rape Trials

Back in July 2016, during the San Fermín bull-running festival, an 18 year old girl was led to a basement by five men, who surrounded her and participated in unprotected sex.  A few of the men filmed their actions, and sent the video amongst each other in a group chat named “La manada,” which translates to “the wolf pack.”  There was an immediate public outcry against this atrocity, but events escalated when the men’s lawyers claimed the young women was consenting. Based on the video evidence from the incident, the woman remained “passive” with her eyes closed the entirety of her experience.  According to the defendant’s lawyers, this was an example of consent. Under Spanish law today, the only way consent would not be given would be if she had openly struggled against all five men.  But this dissociation is not consent.  According to Planned Parenthood, sexual consent is defined as such:  “Consent means actively agreeing to be sexual with someone.” However, under Spanish law, a person is consenting unless forced into sex with violence or intimidation, or sometimes visibly struggling.

Why is this event important today?  The Spanish courts have officially ruled, as of yesterday December 5th, 2018, that this was not a rape case.  Under Spanish law, a rape must entail violence or some sort of intimidation. And while it was agreed upon by the courts that this was an assault, the definition of rape in Spanish law has resulted in incredibly lessened convictions for the men who were charged.  These men have been acquitted of rape, and were freed on bail. According to the Spanish appeal courts, a rape in Spain revolves around the actions of the attackers, not the victims: "The key is the actual nature of the intimidatory act carried out by the active party, rather than the reaction of the victim to it."  However, this case is now heading to the Supreme Court in an attempt to be appealed.

As a result of this ruling, protests ignited across Spain.  This ruling has caused such an outcry against the current laws regarding sexual assault and rape that a committee of experts has been formed in order to reform Spain’s penal code on sexual violence.  One of the many angered by this verdict is new Spanish prime minister Pedro Sánchez, who has promised to bring about a new law that would newly define sexual consent in Spain.

While it is great that Spain is attempting to make progress in regards to laws on sexual violence, other states have been struggling to condemn rapists based on their definition of consent as well.  Recently, this past November, in Ireland, a court case was ruled quite similarly to that of the one in Spain. In this case, a 17 year old girl accused a 27 year old man of raping her in a dark, muddy ally.  Towards the end of the trial, the defendant’s lawyer, Elizabeth O’Connell, presented a new piece of evidence. This piece of evidence was the 17 year old accuser’s thong underwear. According to O’Connell, the accuser’s underwear was a strong indication that she was “open to meeting someone,” and was a clear sign of consent.  

The idea of victim blaming is inherently disgusting.  This case involved a teenage girl and a mature, adult man, who was seen dragging the girl behind a dark ally to assault her.  Yet, this young girl’s underwear was used as evidence of wanting, and consenting to sex. As a result, the defendant was unanimously acquitted by the jury.

Immediately following this trial, protestors took the street in a rage.  Throughout the country of Ireland, there was a public outcry amongst women and men calling for a change in the way rape cases are dealt with in Ireland.  This anger did not stop with simply the public however. Irish prime minister, Leo Varadkar, was outraged as well, stating: "Nobody asks to be raped. And it's never the victim's fault. It doesn't matter what you wear, it doesn't matter where you went, who you went with, or what you took — whether it was drugs or alcohol."  Allegedly, according to NPR, there is a government review of rape trial procedure that will hopefully come underway.

The results of these trials is saddeningly not terribly shocking to me.  As a young woman in America, I have seen many rape victims been blamed for the violence acted against them because they were “asking for it.”  Whether it be what they were wearing, how they were behaving, or whether or not they were intoxicated, people all over the world are ignoring people who have experienced sexual violence.  Attackers are commonly given acquittals because the rulings against sexual assault do not define proper consent. However, there is positive changes afoot in many countries, as these trials draw more and more outrage from political leaders, a change in how rape trials are approached could happen soon.