Sexual harassment cases result in acquittal almost 4 out of 10 times
In sexual harassment cases judged in Spain, almost 4 out of 10 cases end in acquittal (37.7%) and there is a tendency to blame the victim, according to the conclusions reached by the research entitled "Androcentrisme en l'argumentació sobre les violències sexuals" [Androcentrism in the Argumentation of Sexual Violence], conducted by researchers from the UAB research group Antígona, directed by Professor Encarna Bodelón.
Researchers analysed over 200 sexual assault sentences passed in 2019 by judges of the provincial courts of Aragon, Asturias, Catalonia, La Rioja and the Basque Country.
Researchers from the Antígona group, led by UAB Professor in Legal Philosophy Encarna Bodelón, analysed over 200 sexual assault sentences passed in 2019 by judges from provincial courts in Aragon (19 cases), Asturias (16 cases), Catalonia (144 cases), La Rioja (6 cases) and the Basque Country (48 cases). This R+D+i project was funded by the Spanish Ministry for Science, Innovation and Universities, the Spanish Research Agency (AEI) and the European Regional Development Fund (ERDF), and is entitled “Claves IUS-filosóficas para el análisis de la jurisprudencia sobre agresiones y abusos sexuales” [IUS-Philosophical Keys to the Analysis of Jurisprudence in Sexual Aggressions and Assaults].
The study reaches the conclusion that, despite the changes in legislation to eliminate sexism from the criminal code, most judges "continue to have the same mentality as before". According to Professor Bodelón, "Not always do legislative reforms imply a reformation in the mentality of judges. Right now, with the pending passing of the 'only yes means yes' law, is it crucial to know how our male and female judges think".
Of all the sexual assault sentences analysed, some 37.7% resulted in acquittal despite there being evidence and witnesses testifying in the cases. Regarding the remaining sentences, 40.3% resulted in a conviction, 2.58% were convicted of attempted assault and 18.03% plead guilty, and 1.29% plead guilty of attempted assault. In the case of minors, acquittals rose to 41%, with 30% of sentences being of two years or less. This is aggravated by the fact that first-time offenders are not sent to prison if they are not sentenced to a minimum of two years in prison.
With regards to the evidence presented, 33.91% of the cases included medical reports, although only in 16.31% of these was the offender convicted. A total of 12% resulted in acquital, despite having presented a medical report, 30% despite there being direct witnesses, and 20% despite there being forensic reports.
They also verified that almost 50% of convicted offenders receive a prison sentence lasting 4 years or less, and 36% lasting less than 2 years. Professor Bodelón highlights that many times offenders do not even enter prison.
Moreover, when it comes to compensations, half of the cases do not include any type of compensation. Half of the cases includied a compensation of less than 6,000 euros, an amount that is "ridiculous, depending on the damage done", says the director of the UAB research group Antígona.
Other elements analysed in the research were the prejudices and stereotypes when evaluating the evidence, as well as sexist comments when reaching a verdict.In approximately 87 cases, researchers found these types of comments in the records. The presence of explicitly sexist stereotypes "shows a relation with the acquittal parameters", the research highlights.
Among the many elements analysed, researchers point to the tendency to acquit an offender if the injuries presented by the victim are not in the genital area, "as if in only these cases were there proof of sexual aggression", Bodelón points out, and also highlights that "stereotypes act as a form of discrimination, which in the legal sector is tantamount to arbitrariness". At the same time, she alerts of the fact that the blame falls on the victims, "which is something we see constantly and at all different types of levels".
In addition to Professor Encarna Bodelón, the project's research team was formed by Teresa Picontó Novales (UNIZAR), Arantza Campos Rubio (EHU), Raúl Susín Betrán (UR), Yolanda Fontanil Gómez (UniOvi), Estíbaliz de Miguel Calvo (EHU), Víctor Merino Sancho (URV), Olga Paz Torres (UAB), Rocío Medina Martín (UAB), Maria Barcons Campmajó (UAB) and Ariana Pisonero Francisco (UAB).