Rape culture at stake: the case of Spain in the compliance of its international obligations

Abstract

According to the European Union Agency for Fundamental Rights, one in twenty women over the age of fifteen has been raped in the European Union. Rape victims face not only the violation of their sexual integrity and autonomy but also multiple barriers to access to justice and reparation due to gender stereotypes, rape myths, victim-blaming, and questioning of their credibility. In Spain, a gang rape that took place in 2016 became a media case known as La Manada, triggering huge social mobilizations throughout the country and even international coverage when it was first considered by the regional courts as sexual abuse but not rape. This case has called into question the definition of rape under the existing domestic legislation and in general the institutional response to this type of crime. Motivated by this case and considering the duty that according to the international standards Spain has in the fight against gender violence, this thesis will discuss the role that the State plays in the perpetuation of rape culture.