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Prosecutors sparked controversy for claiming sex attack was not rape as victim 'did not fight back'. The teenage victim of an alleged attack perpetrated by six men in Spain has given a tearful testimony in court — saying she felt intimidated during the alleged incident in the town of Manresa. The men are charged with abusing the girl when she was just years-old in a disused factory in a town in the north-eastern region of Catalonia in October A seventh man is accused of masturbating while watching and failing to help her.
Critics argue they should face accusations of rape or sexual assault — raising alarm bells about why the prosecutor has not pressed for the more serious charge. Fifteen minutes each and no delay. The victim, who is now years-old, and 12 other minors present at the party testified in court in Barcelona on Monday.
He is accused of leading her to a shack where he allegedly sexually abused her and then invited his friends to do likewise — informing them they each had 15 minutes. The girl told the court she had drunk alcohol and smoked cannabis on the night but she thinks her drink was spiked. The victim, who cried throughout her testimony, told the court she thought she had been raped by four men but the following day a friend had told her there were six.
She was able to name all seven accused and knew their nicknames. One girl, who was at the party, told the court that when she went into the shack the accused were standing around with their trousers off. The accused have all denied having sexual relations with the victim, although sperm from one of them was found on her clothing.
The prosecution previously claimed that although there was no consent, there was no violence or intimidation either, so the offence could not be considered as rape despite the fact the victim was not in a state to resist. However, the charge of sexual abuse carries a maximum sentence of 12 years. The five men were convicted of sexual abuse but cleared of gang rape charges in December for their attack which happened during the Pamplona bull running festival in This came after more than a year of heated protests against their initial less stringent conviction — with thousands of protesters descending on the streets throughout the case.