
鈥淟a Manada鈥 (The Pack) is the name of a WhatsApp group chosen by five men to organise a trip to los sanfermines 鈥 the running of the bulls 鈥 in Pamplona, Navarra. During the festival, in the early hours of July 7, 2016, they gang raped an 18-year-old woman in a small room under the stairwell of a block of flats.
Three hours later, one of them shared a video of the attack in another male-only WhatsApp group with 28 members, called 鈥淒anger鈥. One of the five was an off-duty National Guard officer, another a soldier. During the trial, evidence of another attack committed by four of the five several months earlier was uncovered.
Despite this, although the trial found the men guilty of sexual abuse, it cleared them of rape.
The trial and verdict have been met with protest by feminist collectives across the Spanish state.聽
The accused men commissioned private investigators to compile a report on the victim, previously unknown to them. The investigators stalked and photographed the victim during the weeks after the attack. It concluded that the victim 鈥渃ontinued living a normal life and showed no signs of trauma鈥.
This report was accepted in the trial as evidence. The WhatsApp messages, however, were excluded.
This was met with protests in Madrid and Pamplona outside the Ministry of Justice. As a result, the judge excluded all of the private investigators鈥 report apart from 鈥減ublicly available鈥 Instagram photos of the victim.
The trial concluded in December, however the verdict and the sentence were not given until April 26 鈥 a five-month delay. Once more, feminist collectives called for a demonstration outside the courthouse for the verdict.
In finding the men guilty of sexual abuse rather than rape, the verdict stated that consent was given because 鈥渆vidence of intimidation or physical violence鈥 was lacking. The men were sentenced to 9-to-11 years in prison.
However, the verdict was not unanimous. One of the three judges, Ricardo Javier Gonz谩lez, disagreed, claiming the only crime committed was stealing her mobile phone. The rest, in his eyes, was 鈥渇un and banter鈥.
Outside the court, demonstrators responded with chants of: 鈥淚t鈥檚 not abuse, it鈥檚 rape!鈥 Throughout the day and into the night, tens of thousands demonstrated at emergency rallies held across the Spanish state in all major cities and towns, echoing the same demand.聽
Other slogans included: 鈥淪ister, I believe you鈥; 鈥淣o is No!鈥; and 鈥淲e women are the pack鈥.
Within six hours of the sentence, 115,000 people had signed a petition calling for the three judges to be sacked.
Madrid Mayor Manuela Carmena tweeted: 鈥淵ou are not alone; we women are with you.鈥澛
Barcelona Mayor Ada Colau asked: 鈥淲hat is needed to prove rape? Do they have to gouge out your eyes? Pull out your finger nails? Break bones? Kill you? ... This is an insult and an offense to all victims, to all women.鈥澛
Colau called for laws to be changed so that the victim should know that 鈥渟he is not alone, that we will come out on to the streets as many times as are necessary鈥.
Irene Montero, parliamentary spokesperson for the left-wing Unidos-Podemos group, said: 鈥淚f a woman doesn鈥檛 clearly say 鈥榶es鈥, it鈥檚 rape. If we are afraid to return home alone at night, why wouldn鈥檛 you feel intimidated when five men drag you into the entrance of a block of flats?鈥
Margarita Robles, parliamentary spokesperson for the Socialist Workers鈥 Party of Spain (PSOE) opposition, lamented the delay in the sentence. She said it had opened an important debate because 鈥渟ociety had had enough of certain behaviour 鈥 often justified by alcohol and childishness鈥.
The General Council of the Judiciary issued a statement in response to the demonstrations and statements by various politicians and the justice minister (who said the dissenting judge had a 鈥減articular problem鈥 and 鈥渆veryone knows it鈥).
In a condescending tone, the statement called for 鈥減rudent reflection鈥 and politicians to exercise 鈥渋nstitutional responsibility鈥 to protect the credibility and impartiality of the judiciary.
However, the judiciary 鈥 unreformed since the end of Francisco Franco鈥檚 fascist junta in the 1970s 鈥 is anything but impartial. In the past 12 months alone, the ideological character of the judiciary has been demonstrated by: the persecution and imprisonment of democratically elected politicians in Catalonia; the imprisonment of rappers and others who insult the monarchy; the trial of eight people in the Basque Country on charges of terrorism for a bar fight with two off-duty National Guard officers; and now demanding women risk their lives if they expect rapists to be convicted of rape.
More demonstrations are planned for the coming days. Both the prosecution and defence are appealing the verdict. The fight continues.