A Barcelona court threw out a case involving five men who raped a 14-year-old girl while unconscious citing the reason for the dismissal as her inability to say ‘no’ during the attack, according to CNN. “The victim was in a state of unconsciousness without being able to determine and accept or oppose the sexual relations maintained with the defendants,” stated the court.
It was then determined that the men would instead receive a lesser sentence of sexual abuse and serve only 10-12 years. According to case records, the young teen attended a party at an abandoned factory where the men were. She ingested alcohol and drugs, and after intaking a large amount, the teen passed out—at which time the men took turns having sex with the young girl. The ruling has led to massive protests that involve the public demanding a change in the government’s identification of ‘rape’ in their country. Thus far, rape is only considered if the victim is “intimidated or threatened” during the sex act.