Status: 08/26/2022 08:01 a.m
In Spain, sex criminal law is being tightened. Any sex without express consent is now considered rape. With its women’s and equality policy, the country is now regarded as a European role model.
Spain has tightened its anti-rape legislation. The draft law, according to which all persons involved must in future expressly consent to sexual acts, was finally approved by Parliament. The MPs of the conservative People’s Party (PP) and the right-wing populist Vox voted against the so-called “Only yes means yes” law. Her main argument: the plan jeopardizes the principle of the presumption of innocence.
In May, the left-wing government passed the bill approved for the first time by Parliament however, the Senate sent it back with a small proposal for amendment. The new paragraphs remove the distinction between abuse and aggression.
Up to 15 years in prison for rape
Once it comes into force, sexual assault will be considered rape – regardless of whether the victim resists or allows an act to happen out of fear. Up to 15 years in prison will then be available for rape and sexual violence. In addition, the rules for harassment on the street are being tightened and sex education in schools is being expanded. The distribution of sex videos is also punishable in the future.
Gender Equality Minister Irene Montero called the law a “decisive step in changing her country’s sexual culture.” In the future, no woman will have to “prove that violence or intimidation was involved” in order for a sexual assault to be classified as such, Montero said. The “culture of rape” and “sexual terror” will be put to an end.
Law is in response to several gang rapes
With its initiative, the left-wing government reacted to several sensational cases of gang rape in which the perpetrators had gotten away with light sentences in recent years. A case in July 2016 in particular caused great outrage. A group of five young men dragged a young woman into a doorway during the San Fermín celebrations in Pamplona. They raped their victim multiple times and filmed the whole thing. The competent court did not consider the offense of rape to be given because, as the 2018 judgment said, there had been “neither beatings nor threats” and the victim had remained passive. The verdict sparked protests across the country.
Marisa Soleto, head of the Women’s Foundation, told AFP news agency that she hoped the law would “change behavior in Spain and beyond”. Spain is now seen as a pioneer in the fight against violence against women. As early as 2004, the country had passed the first law in Europe specifically targeting domestic violence.