Under Spanish law, a sexual attack can only be classified as an assault or rape if the perpetrator uses violence or intimidation. Because the 14-year-old victim was unconscious, the five were convicted of a lesser charge of sexual abuse.
The court said the victim was “in a state of unconsciousness … without being able to determine and accept or oppose the sexual relations maintained with defendants, who could perform sexual acts without using any type of violence or intimidation.”
The court said the attack had to be classified as sexual abuse because “it has been proven that the victim, while the events took place … was in a state of unconsciousness,” according to a statement published on its website.
The court also awarded the victim 12,000 euros ($13,400) in damages. Two more men attending the party were acquitted of all crimes, the court said.