Five to six boys aged 11–12 identified in sexual assault of 12-year-old classmate at a birthday party in Burgos

The incident

A 12-year-old girl was sexually assaulted by a group of five to six male classmates during a birthday party in mid-May, according to a complaint filed by her family with the National Police. The assault took place at a public venue outside the school that both the victim and the alleged perpetrators attend in Burgos, Spain. Other classmates were present at the party but did not participate in the assault, according to the Diario de Burgos.

School and legal response

After the incident became known, the school suspended the alleged perpetrators for five days. They have since been readmitted but placed in separate classes with other students, a measure described by authorities as intended to avoid stigmatising them. The victim has also returned to school, though she continues to suffer physical and emotional after-effects from the attack.

Because all of the identified boys are between 11 and 12 years old, they are below Spain's age of criminal responsibility, which is 14. This means they cannot be prosecuted or face criminal penalties. The National Police identified the minors and forwarded the police report to the Public Prosecutor's Office for Minors.

Next steps

The case is expected to be referred to the Educational Intervention Unit of the Regional Government of Castile and León. That referral has not yet taken place. The Provincial Directorate of Education of Burgos is aware of the incident, as is the school community.

The minors have been readmitted although separated from the rest of the class together with other classmates to avoid their stigmatisation.