La Manada (wolfpack) case is a case of sexual violence that happened in Pamplona, Navarre, Spain on July 7, 2016 during San Fermín celebrations. A group of five men sexually abused an 18-year-old girl from Madrid in a building hallway at the city centre of Pamplona. The victim accused them of rape.
The case had strong media coverage because there were video recordings of the events and the commentaries on social networks. The accused from Seville, including a member of the Civil Guard and another of the Spanish Army, were arrested and tried. The judgment was announced on April 26 2018 with the court clearing the accused of rape, finding them guilty of sexual abuse instead. One of the three magistrates did not agree with his two colleagues and voted for their acquittal.
In the early hours of July 7, an 18-year-old girl reported a rape to the Police of Pamplona, perpetrated by five young people. The girl, who was going to her car to sleep, was accompanied during a part of the journey by the men. She alleged that they pushed her into a doorway of a building. While some committed the crime, others recorded it on their mobile phones. She was later abandoned in the doorway and her mobile phone was stolen.
The perpetrators shared the video of the attack in a WhatsApp group called "La Manada" ("the wolfpack"). Seven clips of this video were studied by the police in a 200-page report in which it is reported that the girl maintained a "passive and neutral" attitude, that her attitude was not "participatory" and that there was "humiliation and vexation" toward her.
The prosecution was represented by the public prosecutor, the victim, the City of Pamplona, and the Government of Navarre. The tribunal considered in the sentence that the victim's testimony was objectively credible, was consistent throughout the investigation, did not introduce "improbable elements" and did not have "spurious motives" to make the accusation. It considered that there was "minimal violence" and "very serious intimidation that prevented the defense of the victim" surrounded by the five men, and that they left her helpless after the event because they took her cell phone. The defendant argued that it was group consensual sex and she had made the accusation for fear that the video could be seen by other people.
On Thursday, April 26, 2018, five months after the trial, the Provincial Court of Navarre published its judgment. The court sentenced the five accused to nine years in prison for continued sexual abuse, although they did not find them guilty of sexual aggression (which would have meant 12 to 15 years of prison)
After the sentence, demonstrations took place in many Spanish cities as a sign of disagreement with the conviction, as well as the expression of disagreement of different relevant political and social figures.
Feminist associations denounced the sentence, valuing it as especially negative because it can be "very bad precedent" giving the context of the events. They also pointed out that once again women are held responsible for the assaults they suffer.
In Spain, the crime of sex without consent has 2 legal categories, sexual aggression or sexual abuse. Sexual aggression is defined as necessitating violence (violencia) or intimidation (intimidación), sexual abuse is without violence, however there are controversies regarding the interpretation of these legal terms by the public; "intimidation" is more narrow than abusing superiority or influence over the victim.
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