FIVE MEN ACQUITTED OF RAPE BECAUSE THE UNCONSCIOUS TEEN DIDN’T FIGHT BACK. It sounds outrageous to us and is clearly a fault in their definition of consent. In Spain, in order to be the offence of rape, there must be some form of violence or intimidation. In order words, there must be some resistance to indicate lack of consent. In Canada, (where rape has been replaced with sexual assault) it is the opposite in that there has to be a positive expression of consent.