Saturday, January 13, 2018

Spain gang-rape case exposes problems in justice system

["I believe you." Photo:  
Vincent West/Reuters ]
 "On Nov. 14, a young woman entered the Navarre provincial court in northern Spain, a bottle of water in one hand, a piece of paper in the other. She sat on a chair placed at the center of the room before a tribunal and then, probed along by her attorney, recounted the events from two summers past that have dominated Spanish headlines since.
The young woman from Madrid, known only as la víctima, “the victim,” in local media, was 18 then when she alleges she was raped by five men in the early morning hours of July 7, 2016. She’d gone to Pamplona for the Running of the Bulls — the city’s celebrated and testosterone-fueled tradition of “bullfights, street dancing ... and much drinking of strong Spanish wine,” as immortalized by one American superfan.
According to her testimony, she’d lost sight of the friend she’d traveled with and ended up making her way toward the car, which they'd planned on spending the night in. When a group of five male friends from Seville, strangers to her until then, struck up a conversation and suggested accompanying her to the vehicle, she accepted. At some point while they twisted their way down the dark streets, they led her to a doorway, pulled her in and took turns raping her, she said. When they’d finished, they seized her phone and left. After some time, she got dressed, sought help and reported the rape. It was only later after she’d pressed charges, and a trial was underway, that she discovered the men had filmed the act on their phones and shared the videos in their WhatsApp group.
The meat and bones of the retelling over, Navarre district attorney Elena Sarasate suddenly veered into new territory. “You seem to be a pretty social and extroverted young person,” she stated before the tribunal. “Do you usually post on social media?”
“Yes,” the young woman replied. “But I’m not going to post pictures of myself crying. I’m trying to lead a normal life. I’m not going to post a picture of myself on social media crying so that everyone can ask, ‘What happened to that girl?’ No. I’m going to continue living normally, and what I normally do is post pictures of myself out partying.”
What would appear to be an unusual turn in the woman’s testimony — her social media habits — has become the crux of the case known as La Manada, or “The Wolf Pack,” after the five accused men’s WhatsApp group name. In a bid to prove the young woman was not raped but consented to having group sex, the men’s defense hinges on proving she did not suffer any trauma following the sex act, which they’ve chiefly done by presenting social media posts showing her out with friends, knocking back a few drinks, or sharing content of an ostensibly sexual nature.
To the prosecution and feminist collectives the country over, the defense’s tactic is an age-old trope with new technological trappings — an updated version of “She was asking for it because she wore a miniskirt.” For the defense, it’s a necessary method designed to reflect the plaintiff’s psychological makeup. The trial ended in late November, and a verdict is still pending. If found guilty, the accused could each face up to 25 years and nine months in prison. The decision will have far-reaching implications. How much can social media reflect a person’s psychology or establish a motive? And should that content be admitted in a court of law?"

Read more from source at PRI/Global Post here.

No comments: