A 21-year old gang member has been cleared of rape in Mexico because the judge ruled that he didn’t enjoy it.

Diego Cruz is  a wealthy Mexican and an alleged member of the gang ‘Los Porkys’, the gang accused of raping a 17-year old girl in 2015.

The gang sexually assaulted the girl in a car following a New Years party.

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Judge Anuar González found that although Cruz may have touched the girl’s breasts and penetrated her with his fingers, he had done so without “carnal intent” — so was not guilty of assault.

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The ruling has drawn global outrage (of course), with many activists speaking against the ruling and the Mexican legal system.

“He sexually touched her, he vaginally penetrated her, but because he didn’t enjoy it, it’s not sexual abuse?” Estefanía Vela Barba, an activist on gender issues, told The Guardian.

“Since there was no pleasure in the act, it was intended to cause humiliation. They were touching her, they were bothering her, so for the judge, if the intention wasn’t pleasure, it’s not sexual assault,” said Vela Barba.