translated from Spanish: “Only yes is yes”: Spain approves project against sexual violence focused on consent

A bill approved on Tuesday by the Spanish Government, which considers it at the forefront of the protection of women’s rights in the world, increases the guarantees on the sexual freedom of women, placing express consent as a key to judge any aggression. The draft Organic Law on the Integral Guarantee of Sexual Freedom, known in Spain as the “law of the only yes is yes”, is inspired by the Istanbul Convention, the Council of Europe’s convention to combat violence against women. The text, which must now be dealt with by the Spanish Parliament, extends the concept of violence against women beyond the scope of the partner or ex-partner, since all sexual violence is considered male violence, as stipulated in that convention. Consent will be the key piece to judge sexual crimes and rape will be any penetration without consent, without requiring violence or intimidation, as demanded by the feminist movement in the country, especially since a controversial case of gang rape in 2016.For this, the Penal Code is modified to define express consent and end the distinction between abuse and rape, in addition to including as a misdemeanor known as harassment in the street and pursuing all types of pimping, including the rental of premises for sexual exploitation. The law establishes as aggravating factors for assaults and rapes the commission of crimes in a group, the use of weapons, extreme violence or degrading treatment, the special vulnerability of the victim, that the aggressor is a partner or ex-partner or has a relationship of kinship and the use of substances to nullify the will of the woman.” Let us make our country a freer and safer place for women. With the law of the only yes is yes we protect their right to sexual freedom and continue to work to eradicate violence against them. Let’s build a society where we all live without fear and in equality,” the President of the Spanish Government, the Socialist Pedro Sánchez, posted on Twitter. In this way Spain complies with the Istanbul Convention on the maxim of the only yes is yes, making it clear that silence or passivity does not mean consent and that not showing opposition can not be an excuse to act against the will of the victim”, highlighted in a press conference in Madrid the government spokeswoman, María Jesús Montero.The project was approved on the 5th anniversary of the group rape of a young woman in the popular festival of the Sanfermines in the Spanish city of Pamplona, known in Spain as the case of La Manada, which sparked a wave of protests before the scarce initial penalty for the five aggressors , who were convicted of sexual abuse, but not rape, although the country’s Supreme Court later found that there was a continuing crime of rape and raised the sentences.

Original source in Spanish