What I don’t understand and maybe someone with knowledge of Spain can help me
Bill Madrid
does Spain just not have any rape laws or effective ones. Surely a text message of admitting sexual assault should be grounds for something. The whole thing so far gives the impression of Spain not giving a shit.
OK, its complicated. There's no law still that talks about
violación ("rape") as such, there are laws that talk about "sexual assault"
I can't be arsed to quote chapter and verse as I'm about to go into the garden to have a beer with my wife, but more or less there are (or maybe better were) two levels. The lesser covered all sorts of things from, I dunno, groping, to loads more serious shit. The second was rape where the victim had been actually or virtually subjected to violence. In other words, their lack of consent was evident.
A few years back there was a case which revolted the country. A group of five macho types (I don't remember the details, one was a soldier another a
Guardia Civil policeman) gang raped a young woman at the
San Fermines fiestas in Pamplona. The case was all over the news, all the time. In the end of the first trial, they were found guilty of the lesser charge because, bizarrely, one of the three judges felt that the threat - in other words, the victim's total lack of consent (the gang rape took place in the stairwell of a block of flats where she was staying) - wasn't proved. Remember, we don't normally have jury trials here (as elsewhere in Europe with a similar legal system).
They were sentenced to something like 5-7 years, again, I can't remember the exact details. It was something like that.
The verdict caused mass outrage in Spanish society, among women clearly, but also men who stood with them. The only defenders of the verdict were the extreme right/ultra Catholics as you might imagine. It went back to a higher court and it was ruled that the dissenting judge was a cunt and that the rape (the no-consent required for the higher charge) had been proved conclusively. The five got sentences ranging from 12 to 18 years I think.
Remember that in Spain we don't have trial by jury as a matter of course. Usually three judges rule based on the letter of the law, as opposed to a jury's opinion. It's the same across much of Europe, it's known here as Napoleonic Law (where precedence is given to the written text of the law) as opposed to Common Law (as in English-speaking countries, where jurisprudence rules. I think that's right anyhow.
Sorry for the long-windedness. I had to give the background. Someone has posted how the law has changed since
La Manada ("The Pack" -
sic) case I referred to before.
The earlier link to law changes gives some important context here.
I'm off for that beer and will check some details with the missus. More later.
:contethumb: