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World2 min(s) read
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Published 15:43 19 Dec 2017 GMT
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us news2 min(s) read
Published 09:56 13 Aug 2024 GMT
Published 15:37 02 Nov 2019 GMT
A court in Barcelona has acquitted five men over the rape of a 14-year-old girl because she was unconscious, and therefore no "violence or intimidation" took place, resulting in a lesser charge of sexual abuse.
CNN has reported how, under Spanish law, a sexual attack can only be classified as an assault or rape if the perpetrator uses violence or intimidation to subdue the victim. Due to the fact their victim was unconscious and therefore unable to resist, the five attackers received a lesser charge.
The incident took place following a party in 2016, at an abandoned factory in the town of Manresa, according to the report. The suspects took turns performing sex acts on the 14-year-old after she fell unconscious as a result of drugs and alcohol.
The court stated on its official website how the attack had to be classified as sexual abuse because "it has been proven that the victim, while the events took place [...] was in a state of unconsciousness" and therefore "could not accept or reject the sexual relations".
This is also despite the fact age of consent in the country is 16.
The Barcelona-based court still sentenced the abusers to 10-12 years behind bars and fined them €12,000 ($13,400). However, this case has put new pressure on the Spanish government to reclassify non-consensual sex acts.
Per the New York Post, the Barcelona court said in a press release: "The sexual attack on the victim was extremely intense and especially denigrating, and in addition, it was produced on a minor who was in a helpless situation."
Taking to Twitter to address the verdict, Barcelona Mayor Ada Colau said it is a "senseless verdict" and wrote: "I am not a judge and I do not know how many years in prison they deserve, what I do know is that it is not abuse, it is rape."
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The Metro has reported that Spain’s Deputy Prime Minister Carmen Calvo has said that a modification in the law to make clear consent necessary has become a priority.
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The international human rights group Equality Now tweeted:
"Spain must urgently amend rape law to include lack of consent, not just ‘use of violence’, in line with international human rights standards, eg Istanbul Convention, to ensure survivors of sexual violence are protected and perpetrators are prosecuted."
Published 01:04 15 Nov 2018 GMT
In Ireland, a 27-year-old man was acquitted of raping a 17-year-old girl. The Irish Examiner reports that a jury of eight men and four women reached a unanimous verdict after 90 minutes. During the trial, the defendant insisted that the sex was consensual, and his lawyer, Elizabeth O’Connell, presented a shocking argument in her closing address: "You have to look at the way she was dressed," said O'Connell. "She was wearing a thong with a lace front."
Blaming rape victims for causing their own rape by wearing sexy clothing is an archaic argument; in fact, it's practically a cliché. When the news broke about a lawyer making that idiotic statement in court, and winning the case, people were rightfully outraged. "These kind of mythologies and stereotypes around rape come up again and again in court cases, because the defence to rape is that the sex was consensual," Dublin Rape Crisis Centre chief executive Noeline Blackwell told the Irish Independent. “So anything the defendant can do to suggest there was consent will be used."
On Wednesday, protestors took to the streets throughout Ireland to voice their fury over how the case was handled. They marched down the road, chanting "Clothes are not consent" and "Yes means yes, no means no!" And of course, they carried colorfulsigns, with images of thongs and scrawled messages. "End Victim Blaming," read one, while another asked, "Can we get a list of what we can wear?"
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The campaign group I Believe Her picked up the protest, and created the online movement #ThisIsNotConsent. Women tweeted photos of their underwear, and criticized the defense lawyer for "victim-blaming" a 17-year-old. "I’m sitting in the library now wearing a thong. Does that mean I’m “open to meeting someone” or feeling “promiscuous”?" asked one women. "Thongs DO NOT cause rape. Short skirts DO NOT cause rape. RAPISTS cause rape!" wrote another. And a third posted two pairs of of underwearing, asking for "someone to tell me which is less rapey."
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Politician Ruth Coppinger joined the protestors in the streets, and even brought their message the Dáil, which is like the Irish version of America's House of Representatives. While speaking in the chamber, she held up a pair of blue lacy underwear. "It might seem embarrassing to show a pair of thongs here," stated Coppinger. "How do you think a rape victim or a woman feels at the incongruous setting of her underwear being shown in a court?"
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On Twitter, Coppinger said that she heard cameras cut away from her when she brandished the underwear. Funny how the sight of lacy panties can make people feel so uncomfortable, but they're totally comfortable with a teenager's thong cited as evidence of sexual consent in a rape trial - especially a rape trial, in which the defendant was acquitted.
Published 14:59 22 May 2023 GMT
A woman in Mexico who killed a man as he raped her has had the murder case against her dropped.
The incident occurred around the time the woman - who was identified as Roxana Ruiz - was working selling fries in Nezahualcoyotl, an area of Mexico State that has previously reported high rates of femicide and forced disappearances of women.
It was then that Ruiz had a drink with a friend - a man she knew from her neighborhood - who later offered to walk her home and then asked to stay over as it was so late.
The man slept on a separate bed, but he ended up attacking and raping her, with Ruiz fighting back and killing the man in self-defense as she struggled, the New Zealand Herald detailed.
In court, the prosecution detailed how the man was hit on the head and then knocked unconscious, which they claimed would have been enough for Ruiz to defend herself. It was revealed that Ruiz put the man's body in a bag during a panic, and dragged it out onto the street where passing police apprehended her.
While Ruiz informed the police that she had been raped, authorities never conducted a forensic exam - which is a vital step in prosecuting sexual assault cases, Ruiz's lawyer Ángel Carrera said.
Carrera then told the court that officers instead responded that Ruiz probably wanted to have sex with the man and then changed her mind later.
Last week, the Mexican court ruled that, while Ruiz was raped in 2021, she was still guilty of homicide as they believed she had used "excessive use of legitimate defense". The court also ordered Ruiz to pay over $16,000 to the man's family, per The New York Post.
Protests erupted following the shock ruling, which saw Ruiz - an Indigenous woman and single mother of a four-year-old son - being told that she was set to serve six years in prison.
The 23-year-old explained to reporters after the ruling that she was worried for her child's life, especially given that she had received increasing amounts of death threats. "My son, I hope to see him again. I hope to stay with him, to be the one who watches him grow up," she said.
Then, on Saturday evening (May 20), the state Prosecutor's Office sent out a press release that said it had looked into the case and found that she was "exempt from guilt" and had acted in self-defense, the Post reported.
While he stated he had not been formally notified of the charges being dropped, Ruiz's lawyer stated: "It means that they're recognizing her innocence. It's a recognition that she simply defended herself."
Published 13:26 18 Jul 2024 GMT
Trigger warning: This article contains references to rape which some readers may find distressing.
It has been confirmed that an Olympic volleyball player convicted of raping a child will be housed separately from other athletes at the upcoming games.
Steven van de Velde is set to represent the Netherlands in beach volleyball at the prestigious games, which are set to commence later this month despite previously being convicted of rape against a child.
The 29-year-old was sentenced to four years in a Dutch prison in 2016 after admitting to befriending a 12-year-old girl from the United Kingdom on Facebook, before travelling to her location to have sex with her.
He was 19 at the time.
The sportsman had initially been told that his actions had destroyed his dream of ever representing his country at the Olympics, with Judge Francis Sheridan telling van de Velde during sentencing: "Prior to coming to this country you were training as a potential Olympian. Your hopes of representing your country now lie as a shattered dream.
"Your actions have wrecked your life and you could, had you never come to England and committed these offenses, have been a leader in your sport," he added.
However, in a dramatic U-turn decision supported by both the Dutch volleyball federation and the National Olympic Committee, he will now be representing his home nation at the upcoming Paris Olympics.
Of course, this has elicited a strong reaction from many, including social media users who have been left shocked at the fact that van de Velde is allowed to compete.
"Sha'Carri Richardson was disqualified from the Olympics because she smoked weed. Stupid rule but a rule. But wait a minute! Steven Van De Velde is a REGISTERED SEX OFFENDER who was found guilty of raping a 12-year-old. He's competing in Paris!" wrote one user.
"Shame on the @Olympics for letting a child rapist compete in Paris this year. Dutch volleyball player Steven van de Velde traveled to meet up with a 12 year old when he was 19 YEARS OLD. He gave her alcohol and then proceeded to rape her," another added.
A third referred to it as a "tale as old as time," adding: "Rapist with a sporting talent given a free pass so he can continue his professional career."
Despite public outrage, on its website, Nevobo said it supports van de Velde’s participation in the Olympics.
“We know Steven’s history. Before he expressed his desire to return to beach volleyball at the time, we spoke extensively with him but also with NOC*NSF (The Dutch Olympic Committee*Dutch Sports Federation), among others,” Michel Everaert, general director at Nevobo, said in a statement.
“He was convicted at the time according to English law and he has served his sentence,” Everaert continued. “From then on, we have been in constant contact with Steven, who has now been fully reintegrated into the Dutch volleyball community. He is proving to be an exemplary professional and human being and there has been no reason to doubt him since his return.
"We fully support him and his participation in Paris, which he and Matthew have earned," he added.
However, it seems as though the board is now taking more measures by making sure the soon-to-be Olympian is housed separately from other Dutch athletes.
Speaking on the matter, the NOC*NSF told the NL Times: "NOC*NSF have come to these measures after discussions with the beach volleyballer and his teammates.
"Several other measures relate to, among other things, the supervision of beach volleyball players. In the interests of the people involved, no further announcements will be made about this."
The board went on to state that it hopes the decision will "contribute to a sense of calm for the participants at the Games" before adding: "NOC*NSF regrets the impact of the unforeseen renewed attention for everyone who suffers from trauma due to sexual offenses and inappropriate behavior."
The Olympics are set to commence July 26.