“Only yes means yes” – sexual criminal law in Spain tightened

Until now, a distinction has been made in Spain between sexual abuse and sexual aggression. The left-wing government’s new law now considers all sexual assaults rape — regardless of whether the victim resists or allows something to happen out of fear. Up to 15 years in prison.

Distributing sex videos is a criminal offense
Other innovations are that the distribution of sex videos and ‘intimidating’ compliments are punishable by law. The draft so-called “Only yes means yes” law was first approved by parliament in May, but the Senate sent it back with a minor amendment proposal. The bill was finally approved on Thursday, against the votes of MPs from the conservative People’s Party (PP) and the right-wing populist Vox. The main argument was that the plan jeopardizes the principle of the presumption of innocence.

“Decisive step towards change”
Equal Opportunities Minister Irene Montero, on the other hand, spoke of a “decisive step towards changing the sexual culture” of her country. The “culture of rape” and “sexual terror” will end. “The feminist movement is making history in Spain,” she said in May.

The new law was drawn up, among other things, in response to several gang rapes in which the perpetrators had gotten off with light sentences in recent years. A case in July 2016 caused a stir and outrage. Just then, five young men dragged a young woman into the entrance of a house during a party in Pamplona. They raped their victim several times and filmed the entire event.

The responsible court did not consider the facts of the rape as given, partly because the young woman had remained passive and there had been no beatings. The verdict sparked protests across the country.