Article Spain: Bill on Comprehensive Guarantee of Sexual Freedom Approved for Congressional Debate

On July 6, 2021, Spain’s Council of Ministers approved the text of the bill on the Organic Law on the Comprehensive Guarantee of Sexual Freedom, also known as “the law of only yes is yes.” The bill will be debated in Congress in the fall of 2021.

The bill would provide for the adoption and implementation of effective, global, and coordinated policies by competent public administrations for the prevention and punishment of sexual violence. The bill would put the victims at the center, reinforcing prevention and awareness as well as reparations and support measures.

The main principles of the bill are as follows:

  • Requiring specific positive sexual consent

Sexual consent would be understood as such only when it was freely expressed through acts that, in view of the circumstances of the case, clearly expressed the will of the person. Therefore, victims would no longer have to prove that they resisted or that there was violence for the aggressor’s act to be considered sexual assault.

  • Eliminating sexual abuse as a crime

Sexual abuse would be eliminated as type of crime, and any sexual act without consent would be considered sexual assault.

  • Protecting against all sexually related violence

All women, boys, and girls who were victims of sexual violence, including victims of sex trafficking, would be subject to protection and compensation.

  • Criminalizing street sexual harassment

Street sexual harassment would be defined as expressions or behaviors of a sexual nature that put women in a humiliating or intimidating situation. Such harassment would become a crime for which the harasser was punished by performing mandatory community service or being permanently relocated away from the victim.

  • Pursuing pimps

The bill would provide for the prosecution of pimps who, regularly and for profit, allowed public or private spaces to be used for the sexual exploitation of third parties.

  • Avoiding revictimization
The bill would seek to prevent victims from being revictimized by developing procedural measures to protect them, including means to prevent victims from having eye contact with alleged aggressors and allowing victims to testify in special rooms. In addition, women victims of sexual violence would have resources at their disposal even if they did not officially report the crime to the police, such as 24-hour crisis centers for those over 16 years of age, or children’s homes for minors.

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Spain: Bill on Comprehensive Guarantee of Sexual Freedom Approved for Congressional Debate
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Chicago citation style:

Spain: Bill on Comprehensive Guarantee of Sexual Freedom Approved for Congressional Debate. 2021. Web Page. https://www.loc.gov/item/global-legal-monitor/2021-07-29/spain-bill-on-comprehensive-guarantee-of-sexual-freedom-approved-for-congressional-debate/.

APA citation style:

(2021) Spain: Bill on Comprehensive Guarantee of Sexual Freedom Approved for Congressional Debate. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2021-07-29/spain-bill-on-comprehensive-guarantee-of-sexual-freedom-approved-for-congressional-debate/.

MLA citation style:

Spain: Bill on Comprehensive Guarantee of Sexual Freedom Approved for Congressional Debate. 2021. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2021-07-29/spain-bill-on-comprehensive-guarantee-of-sexual-freedom-approved-for-congressional-debate/>.

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