Spain must guarantee the protection of victims of sexual violence, warns a UN expert

The UN expert on violence against women and girls* expressed her concern on Tuesday that the adoption of a new law on sexual consent in Spain has de facto reduced the length of sentences imposed on many perpetrators of violence against women. women.

The Special Rapporteur** has stated that “although there can be no going back, it is now crucial that the Spanish Government and its institutions monitor the real impact of early release of the perpetrators of violence in the lives of the victims, try to minimize re-victimization and guarantee their protection”.

Reem Al Salem added that, “the negative consequences have overshadowed many positive aspects of the law of sexual consent”, which include:

• preventive measures to combat sexual violence
• recognition of the rights of victims and facilitation of their access to remedies
• Emphasis on the obligation of the State to provide legal and medical assistance
• guarantees of the right to repair

In April 2023, 943 out of 4,000 perpetrators of sexual violence serving prison terms they saw their sentences reduced after the approval of the Organic Law for the comprehensive guarantee of sexual freedom, according to data from the General Council of the Judiciary.

Warranties and compensation

Also known as the Sexual Consent Law or the “Only Yes is Yes” Law, the expert has expressed her concern about the lack of resources to guarantee its correct application.

In this sense, a third of the victims of sexual violence in Spain have not received any compensation for the violence suffered, and around half of them do not receive any planned compensation in the sentences imposed by the courts on their aggressors, according to information from the UN Special Procedures body.

wrong message

“For a country with a high rate of femicidereducing the sentences of those guilty of perpetrating acts of sexual violence -against women and minors- sends an erroneous message about the priorities of the State when it comes to ending this type of violence and fighting against impunity for such crimes”, warned Al Salem.

The unfortunate consequence of the law could have been avoided if it had been paid more attention to the voices of different stakeholders that they had warned against this obstructive consequence, such as those expressed by civil society organizations, politicians and the General Council of the Judiciary, explained the expert.

“Given the importance of the law and its far-reaching implications for victims of sexual violence, it should have been granted more time for consultations on the billinstead of rushing to approve it,” said the special rapporteur.

The burden of proof may fall on the victims

In addition, the expert pointed out that “using the threshold of whether there was consent or not as the burden of proof loses meaning in many situations and may place the burden of proof on the victims and not in the aggressors”, he affirmed, citing cases of trafficking in women for the purpose of sexual exploitation and abuse, and exploitation of prostitution and pornography.

However, the special rapporteur described as commendable that the president of the Spanish Government requested publicly apologize to the victims in April due to the unintended impact of the new law. He also noted that the April 27, 2023 revision of the Organic Law restored the levels of punishment for sexual and gender-based crimes against women and minors that existed in the Penal Code before the new law was introduced. .

Finally, Al Salem recommended that the law include a clearer description of the word gender, which is “more in line with international human rights standards,” and a clearer distinction in the law between the terms “sex” and “gender.” “.

*Reem Alsalem is the Special Rapporteur on violence against women and girls, its causes and consequences.

**The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. The Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent investigative and monitoring mechanisms that address specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and provide services in an individual capacity.