One of the five men who were previously convicted in the high-profile “wolf pack” gang-rape case in Spain seven years ago has seen his sentence reduced due to changes in sexual consent legislation introduced by the socialist-led government in response to public outrage over the case.
The gang-rape occurred during the running of the bulls festival in Pamplona in July 2016, causing shock and nationwide protests when the defendants were initially convicted of the lesser offense of sexual abuse. These perpetrators, who referred to themselves as “la manada” or the wolf pack in their WhatsApp group, eventually had their prison sentences increased from nine to 15 years each after the supreme court ruled them guilty of rape against the 18-year-old victim.
The widespread outrage surrounding the case prompted successive Spanish governments to reevaluate the issue of sexual consent. The result was the introduction of new legislation colloquially known as the “only yes means yes” law, which came into effect in October of the previous year. This law aimed to redefine all non-consensual sexual acts as rape and placed sexual consent, or the lack thereof, at the center of determining assault cases. It also led to changes in the minimum and maximum jail sentences, resulting in some offenders having their sentences reduced upon appeal. More than 1,000 convicted sex offenders took advantage of this loophole to have their sentences shortened, with over 100 securing early release. In April of the current year, Prime Minister Pedro Sánchez publicly apologized to the victims for the unintended consequences of the new law.
Recently, the high court in the northern region of Navarre, with Pamplona as its capital, announced the reduction of one of the “wolf pack” rapists’ sentences from 15 years to 14 years, citing the new legislation as the basis for the reduction. The judges stated that they had accepted the appeal to align the man’s sentence with the new law, which lowered the minimum available sentence from 14 years and three months to 13 years. They justified their decision by pointing out that the supreme court had already imposed a sentence close to the minimum possible for the offense.
However, one of the judges on the court, Esther Erice, opposed the reduction, arguing that it should not be solely based on mathematical proportionality but should take into account all the factors that informed the supreme court’s original sentence. It’s worth noting that this decision can still be challenged at the supreme court.
Irene Montero, Spain’s acting equality minister and a proponent of the new sexual offenses legislation, expressed her disappointment with the court’s decision. She emphasized the importance of guaranteeing consent and the right to sexual freedom through state authorities, expressing sympathy for the victim and emphasizing the need for reparations for all victims.
Opposition parties, who have criticized the government for implementing these changes despite warnings from judges, lawyers, and MPs, saw the reduced sentence as evidence of the Sánchez administration’s disregard for victims of sexual assault. Alberto Núñez Feijóo, the leader of the conservative People’s party, accused the government of trivializing sexual assaults and undermining its feminist credentials. Meanwhile, Pepa Millán, a spokesperson for the far-right Vox party, blamed the government for releasing sex offenders and causing harm to women, claiming that they had ignored warnings about the consequences of the changes.