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Spain passes ‘only yes is yes’ law requiring explicit sexual consent

Spain passes ‘only yes is yes’ law requiring explicit sexual consent

The new legislation comes after two gang rapes in 2016 that rocked the nation and prompted calls for stricter laws.
26 Aug, 2022

Spain has passed a new law requiring sexual consent to be explicitly stated rather than assumed by default or silence.

The country’s lower house of parliament passed on Thursday the “only yes means yes” law 205 to 141 with three abstentions. Under the law, nonconsensual sex could be classified as rape.

The law comes six years after Spanish courts ruled that two cases of sexual violence in 2016 were not rape, prompting widespread rage.

In the “Wolf Pack” case, five men were accused of raping an 18-year-old woman during the annual running of the bulls in Pamplona. Despite being arrested the next day, the men were initially convicted of sexual abuse, not rape, resulting in massive protests. They were eventually found guilty of rape in 2019 by the Spanish Supreme Court. During the hearings, it was argued that video footage from the men’s phones that showed the woman immobile with her eyes shut during the attack was proof of consent.

The other incident took place in Manresa, a city around 60km from Barcelona. Five men were accused of taking turns raping a 14-year-old girl in an abandoned factory, while another watched and masturbated and they were also convicted of the lesser crime of sexual abuse.

In order for an act of sexual violence to qualify as rape under Spanish law at the time, the perpetrator had to have used violence or intimidated the victim. The 14-year-old victim was unconscious at the time of the assault and therefore could not fight back so a court ruled that it was not rape.

According to the new law, “Consent can only be considered consent when it has been freely manifested through actions that, in accordance with the circumstances, clearly express the person’s wishes.”

“It’s a victorious day after many years of struggle,” said Spain’s Equality Minister Irene Montero. “From now on no woman will have to prove that violence or intimidation was used for it to be recognised for what it is.”

Comments

AHAQ Aug 26, 2022 06:22pm
Learning their lessons the hard way
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Ehsan Aug 26, 2022 06:24pm
Shocked how the lower courts decided about it not be rape
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Joe Aug 26, 2022 07:47pm
@Ehsan When a 13/ 14 year old girl who may not even know what marriage is,is married off to me that is also rape.
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Khalid iqbal Aug 26, 2022 08:00pm
Not very different from what happens in the subcontinent , and India is taking the lead , maybe similar laws can be introduced in the subcontinent.
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Shakil Khan Aug 26, 2022 11:13pm
Spain has passed a new law requiring sexual consent to be explicitly stated rather than assumed by default or silence. Very appropriate. Time out with a man should not be assumed as consent for more then gentle flairtation
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Henchi Aug 26, 2022 11:57pm
This is a double edge sword for men especially if the women changes her mind after initial consent and then file charges for rape.
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Nazir Husain Aug 27, 2022 12:28am
@Joe it’s not. If they get too old they don’t marry at all in many cases.
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NYS Aug 27, 2022 01:09am
Chemical castration is new anti rape law in Pakistan as a possible punishment for serial rapist This is enough
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El Cid Aug 27, 2022 04:34am
@Khalid iqbal Yes, your country India is indeed the ultimate in gang rapes.
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Hanif Aug 27, 2022 05:14am
This will come as bad news to immigrants who specialize in grooming.
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tamza Aug 27, 2022 06:31am
So they will need a WRITTEN agreement before going out on a date -- what if either party changes their mind before or even after the act? WHOSE word will carry the day in court?
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FAZ Aug 27, 2022 08:28am
So explicit consent means something written? A couple has sex in a party. One of the partners has sex with someone else. Then this partners accuses the other two for rape. What then?
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Imran Aug 27, 2022 09:01am
Well done, that's human rights.
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XYZ Aug 27, 2022 10:14am
@Nazir Husain that is a perverted argument defending paedophiles
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Mobi Aug 27, 2022 01:47pm
@Joe it's all about the willingness of the bride. If she doesn't want to be married, of course that would be a rape. But if she's willing, you can't say what you just said.
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