A court in Barcelona has acquitted five men accused of gang-raping a 14-year-old girl of the charge of sexual assault.
The men were convicted and jailed for the lesser crime of sexual abuse.
Under Spanish law, an offence can only be considered rape or sexual assault if physical force or intimidation is used.
BBC News reports the court ruled they had not committed rape because the victim was in an "unconscious state" and they did not need to use violence.
The decision comes despite Spain's Supreme Court reversing a similar ruling earlier this year.
There is also an ongoing review into the law.
Six defendants were initially charged.
The five who were convicted were sentenced to between 10 and 12 years in prison.
Women's rights groups have reacted to the ruling with anger and dismay.
BBC