A recent decision by the Spanish Supreme Court, in a gang rape case during the San Fermin fiestas three years ago, sets a legal precedent which, hopefully, will give women more legal protection.
The case was heard by a lower court in Pamplona, which decided that an 18 year old girl was complicit in her own gang rape because she didn´t say «No» and thus she was sexually assaulted not raped.
This decison led to mass demonstrations by women´s groups all over Spain and pledges by the Government to change the law. One of the three judges found that she gave her consent by her silence.
The defendants in the case, five men, considerably older than the victim and including off duty officers of the Guardia Civil and the Spanish military, called themselves «the pack.» The girl was serial raped by them in a doorway during the fiestas in Pamplona and her mobile phone was stolen by one of her attackers.
The Supreme Court overturned the majority decision of the lower court, (in which one judge disagreed and declared the men innocent), which had found as the victim did not explicitly say «no» it was a case of sexual assault. The Supreme Court found that the girl was silent because she felt threatened and terrified during her ordeal and sentenced four of the men to 15 years in prison and the fifth man, who also stole her mobile, to 17 years. They were ordered to pay substantial compensation to the victim.
The case has caused considerable controversary in Spain where the law clearly leaves women unprotected in sexual assault and rape cases, by requiring that a victim actually says «No.»
Pedro Sanchez, President of Spain, has vowed to change the law to «Yes is Yes» rather than «No is No» and this decision by the Supreme Court sets a precedent for lower courts. However, in a country where sexual offences against women feature in the news weekly, and sometimes daily, and where 1000 women have been killed by their partners or ex partners in the past 15 years, there is clearly a need for new laws, education and changes in the attitude of the establishment and institutions. Women need to feel able to express themselves, socialize, dress and move around freely and safely in an environment of respect where sexual predators will not find any protection from the law.
