A new Spanish bill does not require survivors to prove they were victims of non-consensual sex. Here’s more on the bill.
What is the ‘only yes means yes’ bill?
On Thursday, the lower house of Spain’s parliament passed the Guarantee of Sexual Freedom bill. It is making consent the determinant in cases of sexual violence or assault. Popularly called ‘only yes means yes’, the bill is awaiting Senate approval. On Monday, Irene Montero, Spain’s equality minister stated that the bill is moving in the direction of becoming law. “Women will finally have a law that guarantees their sexual freedom. The government and the feminist majority in Congress are here to make our country a freer place for women,” stated Montero.
As per the new bill, any non-consensual sex is a form of sexual assault. Through this, Spain is adapting a criminal law that puts consent at the center. Additionally, consent is accepted during a sexual act when the person’s will is clearly expressed. Additionally, passive agreement or silence is not an agreement to consent. As per the current law, sexual assault victims have to provide evidence of intimidation, assault, or resistance. (Ativan) The bill nation’s left coalition is supporting the bill. It finds its roots in the outbreak sparked following the 2016 wolf-pack case. Five men were accused of gang-raping an 18-year-old. However, they escaped conviction since the victim failed to produce evidence. Additionally, she did not explicitly object in a video filmed by two of the five men.
More on the bill against non-consensual sex
With this new bill, Spain is broadening the definition of sexual assault. An act is considered sexual assault when “the female genital mutilation, forced marriage, sexual harassment and trafficking for sexual exploitation. Special attention will also be paid to sexual violence committed in the digital environment. Including the dissemination of acts of sexual violence, non-consensual pornography, and sexual extortion through technological means”. The use of drugs or chemical substances by the perpetrator to attain the victim is also punishable. Additionally, a non-consensual sex offense can land a person in prison for up to 15 years.
“To minimize the procedures that could discourage the complaint or delay the protection of the victims. It has been decided to: contemplate other possible means of accrediting the violence. In addition to the conviction for the commission of a crime of sexual violence. The collection of biological samples from the victim and other evidence will not be conditional on the prior presentation of a complaint or the exercise of criminal action,” states the bill. Additionally, “another person with expressions, behaviors or propositions of a sexual nature that create an objectively humiliating. The hostile or intimidating situation for the victim, without constituting other more serious crimes. Advertising that uses gender stereotypes that promote or normalize sexual violence against women will be considered illegal,” adds the bill.
