Rape Her, But Don't Beat Her, And You Will Be Cleared

If you are surprised to find this article in the "Globalization and politics" section, don't be. What happened in Spain on Thursday was the proof that something is very wrong with our laws.

"This is not abuse, it is rape."

"I believe you."

On Thursday, protests were held across the country after the five 'men' accused of the gang rape two years ago of a teenager during a festival in Pamplona –the same that Ernest Hemingway loved so much– were found guilty of sexual abuse, but not rape.

One of the three judges even voted all men should have been cleared of all charges. Except for the theft of the phone. Yes, because they also stole her cell phone.

Under Spanish law, sexual abuse differs from rape in that it does not involve violence. So, because they didn't hit or kill her, she wasn't raped.

But what about the fact that she was completely drunk and never agreed to that? What about the videos they recorded during the attack in which she was immobile, with her eyes shut?

Not happy with that, the judges accepted into evidence a report by a private detective hired by the defendants – one of them, by the way, a member of the national police force. The detective followed the victim and took pictures of her smiling with her friends, to prove that she wasn't traumatized. And yes, this was real. And it was accepted. 

What is wrong with the system that the victim is treated as if she was guilty of something? What message is the Spanish Justice sending? Rape her, but don't use violence and everything will be alright?

This was an opportunity to set a precedent that would help protect the victims. Instead, it is another reason to be scared of walking home alone.