The five perpetrators were convicted and jailed for the slightest offense of sexual abuse. Under the Spanish Penal Code, rape or sexual assault can only be documented if violence has been used or if the victim has been intimidated. However, the court ruled that the five defendants did not commit rape because the victim was "unconscious" and thus did not need to use violence.
The court's decision is known, despite the reversal of a similar decision by the Supreme Court of Spain, earlier this year.
Charges were initially filed against six men. Five of them were sentenced to 10 to 12 years in prison. If convicted of rape, their sentences would range from 15 to 20 years in prison.
The men raped the girl during a game involving the consumption of a large amount of alcohol in a decommissioned factory in Manresa, a city in Catalonia, in October 2016. According to prosecutors, the men attacked the girl, who was under the effects of drugs and alcohol, one after another.
One of the defendants, who is only referred to as Brian Andres M., said that they said to each other: "It is your turn. Fifteen minutes each, without delays ".
The court ruled that the victim "did not know what she did and what she did not do and was therefore unable to consent or object to the sexual relations that most of the defendants had with her". The victim was awarded compensation of 12.000 euros.
Women's rights groups reacted angrily to the court ruling.