Although the General Council of the Judiciary (CGPJ) questioned that the law of sexual freedom, known as ‘ law is yes ‘, introduce in the Penal Code a definition of express consent so that judges can determine if an act of a sexual nature is or no aggression, the law will maintain consent as the axis of the norm , which will be approved by the Council of Ministers next Tuesday, July 6, in second reading.
As reported this Friday by the Ministry of Equality , the forecast is that the new norm “that places Spain at the forefront of women’s rights in Europe with a clear feminist and human rights perspective” will begin its processing in September. Congress .
The law is inspired by the multiple and crowded feminist protests that took place in the streets after the first sentence of ‘ La Manada ‘ of the San Fermines in 2016, when the Audiencia de Navarra convicted the five aggressors of sexual abuse and not rape, a sentence that the Supreme Court later corrected . The most repeated slogans of the feminist movement were “it is not abuse, it is rape” and “only if it is yes”, the name by which the norm is popularly known.
Change in definition
Although, following the recommendation of the Fiscal Council, the Government has decided to change the definition of consent and express this in positive (and not with a negative wording): “It will only be understood that there is consent when it has been freely expressed through acts that, in view of the circumstances of the case, clearly express the will of the person “, in line with the provisions of the Istanbul Convention in article 36.2.
The positive consent model has already been implemented in other countries such as Sweden or Great Britain and means that when the law comes into force victims will no longer have to prove that they have resisted or that there has been intimidation or violence. Any sexual act without consent will be considered aggression and, therefore, the classification of sexual abuse in the Penal Code will disappear.
The law also incorporates a catalog of specific aggravating factors, among which are group violations, the use of weapons or other dangerous means.
Likewise, the norm recovers the penalties for brothel owners that the PSOE decriminalized in 1995 and that caused hostess to multiply in Spain. Although, according to Equality sources, “only” pimps will be prosecuted who, regularly and for profit, use any establishment or public or private space for the sexual exploitation of third parties. ”
It also provides for the creation of resources for victims of all sexual violence even if they do not file a complaint, as is already the case with victims of gender violence. In fact, 24-hour crisis centers will be created for those over 16 years of age and children’s homes or Barnhaus for specialized care for minors.