Spain approves the law “only yes is yes”, a rigorous project against sexual crimes

First modification: 08/26/2022 – 04:12

It is a historic and pioneering law in terms of protecting the rights of women against sexual assault. The Congress of Deputies of Spain, with a progressive majority, approved the “only yes is yes” project, a norm promoted by the Ministry of Equality that has taken more than two years to approve, but that will finally be able to go ahead despite the judicial discrepancies and the fierce opposition of the conservative and extreme right-wing bloc.

The new norm is based on the fact that any sexual relationship that does not have the woman’s consent will be considered a violation. Until now, this serious crime was only accepted when it could be proven in court that the woman had suffered force or great intimidation. In the event that this could not be contrasted, the crime against the defendants remained in sexual abuse, something that carries less punishment.

And this was one of the main points of controversy. In the past, the differentiation between abuse and rape had led to numerous controversies over judicial decisions in cases of rape or gang rape. Therefore, the fact that the difference between these two terms disappears in favor of the application of sexual assault or rape is an unprecedented change.

The greatest of the controversies around this issue occurred after the case of ‘La Manada’ that occurred in July 2016. On that date, five men sexually assaulted an 18-year-old woman while the San Fermín festivities were being celebrated, in Pamplona. Initially, the court ruled that it was sexual abuse by ensuring that there was no resistance on the part of the girl, which meant that those convicted would only receive 9 years in prison.

However, after numerous protests by citizens and a judicial appeal, the five young people were finally sentenced to 15 years in prison for rape by the Supreme Court. Something that was considered a victory in terms of women’s rights. These types of debates and judicial controversies will disappear with the new law.

The protection and assistance to victims are the other axes of the new law

In addition to the changes mentioned, the law plans to create a network of crisis centers so that women who are violated have the possibility of receiving help 24 hours a day. The Ministry of Equality, headed by the leftist Irene Montero, has allocated up to 66 million euros so that by 2023 there will be 50 of these centers throughout the national territory.

To this must be added a series of acknowledgments and reparations to all the victims of what is understood as sexual violence. From now on, trafficking in women for the purpose of sexual exploitation, female genital mutilation or forced marriages will be considered a crime of sexual assault.

In addition, it was included in what was approved that chemical submission, a term that refers to drugging women so that they cannot defend themselves, will be considered an aggravating circumstance in the face of a crime of rape.

A law that has had the rejection of the right

The approval of the new text has not been without controversy on the part of the conservative caucus. Both the traditional right, represented by the Popular Party, and the extreme right, embodied in the Vox formation, have voted against the new law, which they have considered “abnormal”. However, since 2018, these two formations have been a minority in the Spanish parliament, so their negative vote has not served to stop the initiative.

In addition to the conservative deputies, the law had friction within the General Council of the Judiciary, a judicial advisory body that issues reports on the organic laws prepared by parliament. This institution, with a conservative majority for years, had doubts regarding the validity of the change in the definition of consent.

Controversies that leave behind months of elaboration in which the coalition government of socialists and leftists has tried to agree on what is so far one of the most important victories for Irene Montero’s Ministry of Equality.

With EFE and local media