On Monday Judge Anuar González found Diego Cruz, 21, not guilty of rape after he and three friends forced a female classmate into a vehicle on January 1, 2015.
Judge Anuar Gonzalez Hemadi also ruled the fact the victim was able to move to the front seat of the vehicle after pleading with her attackers to stop proved she was not "defenseless", as he claimed the law required.
Cruz was one of four men - known in the media as "Los Porkys" - from affluent families in the southern state of Veracruz who were accused of raping an underage girl in January 2015.
Cruz was one of four wealthy young men, nicknamed "Los Porkys", who snatched their teenage girl classmate and abused her in the back of a vehicle after a party in 2015.
Slamming the verdict, Mexican gender activist Estefania Vela Barba told The Guardian: 'He sexually touched her, but because he didn't enjoy it, it's not sexual abuse?
He sexually touched her. but because he didn't enjoy it, it's not sexual abuse?
Cruz fled to Spain in the immediate aftermath of the incident, but was later extradited back to Mexico to face trial. Because Cruz was not deriving sexual pleasure from the incident, the judge said the alleged assault amounted to nothing more than "incidental touching". "There's no dispute regarding the facts. It's not some insane woman saying this, it's coming from the judge's mouth and he's saying that if they touch you against your will, it might not be abuse", she concluded.
The case attracted national attention, and the slow investigation garnered heavy criticism, becoming a hallmark of the lack of justice for women victims of sexual abuse and violence, especially when members Mexico's wealthy elite are the perpetrators.
The case of "Los Porkys" has also been held up as an example of the rampant impunity allowed the offspring of Mexico's elite.
Fifteen months after the attack, the girl took to Facebook in an apparent attempt to shame authorities into acting. I went to parties, drank and wore short skirts just like many girls my age.
In this sketch, a woman says that she wants "to live in a country whose institutions provide me security". "Does that mean I deserved it?" she wrote. The girl's father called the judge's arguments "abominable", saying "if this is approved, then any adult can touch a minor and by simply arguing that it wasn't done lasciviously, that he didn't have any intention to copulate, he's going to get off".