In Spain, five men repeatedly raped a woman and for two court degrees there was no rape because there was no explicit resistance.

Omissions

• The claim uses 'explicit resistance' as shorthand, but the legal standard at the time was 'violence or intimidation' required for a rape conviction under Spanish law
• The Supreme Court eventually overturned the lower courts' rulings in June 2019, convicting the five men of rape with 15-year prison sentences
• The case occurred in July 2016 during the San Fermín festival in Pamplona
• The initial lower court ruling was in April 2018, and the appeal court upheld it in December 2018

Sources

• SecondaryNPR - Spain's Supreme Court Rules 'Wolf Pack' Committed RapeLower courts convicted five men of sexual abuse, not rape. Judges reasoned that Supreme Court case law dictated that rape requires violence or intimidation.
• SecondaryEl País - La Manada ruling sparks fierce debateThe court ruled that according to Supreme Court case law, there can only be violence if physical aggression is used against the victim. The lower court found the men guilty of sexual abuse rather than sexual assault/rape.
• TertiaryWikipedia - La Manada rape caseThe case involved five men who raped an 18-year-old girl. The lower court ruled it was sexual abuse not rape, which was upheld on appeal. The Supreme Court later reversed and ruled it was rape in June 2019.