The ‘Yes Only Yes’ Law Takes Its Most Important Step After Winning Widespread Support in Congress: Here Are the Key Points

The feminist motto “Only Yes Is Yes” takes its most important step toward becoming a law. The Congress of Deputies supports the flagship project of Equality Minister, Irene Monteiro, with a large majority, which now only has to be formally approved through the Senate and enter into force.

known as The only rule of s is sto be inspired by the announcements of feminist mobilization that took to the streets after the conviction of pack, has as its main novelty that it centers on sexual consent. From there, whether or not it will be decisive when it comes to prosecuting the rape and other sexual violence involved in the project.

The most visible result in the Penal Code is that the distinction between abuse and sexual assault has been eliminated. Any sexual conduct without consent will be considered assault and punished with a number of penalties depending on the circumstances and the grave circumstances (violence, use of chemical submissions, in a group…).

The bill receives widespread support in Congress, with votes in favor of PSOE, United we can, ERC, citizens, PNV, eh buildu, Ms. No, Settlement, togetheramong others.

Instead, they vote against PP You Vocal, the main censorship popularas explained Marta Gonzalejo, is that the wording of consent “endangers the presumption of innocence” because it “reverses the burden of proof” on the defendant, who would have to prove that there was consent. For his part, Vox has influenced this as well, because in his opinion, judges are “forced” to “believe women without evidence” and allowed them to “lie” and “insult”. , knowing that it is “impossible” to prove it on many occasions. consent.

The law has generated a broad consensus among groups, but prostitution has once again proved to be a point of contention, as the issue has been the focus of debate and conflict throughout the process. PSOE regrets that the sexual freedom law is going to exclude women who are under that “yoke” and this was due to the “threat” of other parties wanting to overthrow the law on the issue. deputy Laura Barza He has criticized that some groups “don’t know what to say because they have no position” and urged that “now is not the time” suffices to say that it is time to take a position. However it would be in the law that PSOE has introduced to eliminate prostitution.

For her part, the Equality Minister, Irene Monteiro, observed that the feminist movement is “making history again” with this law, and stressed that the law represents a “decisive step to change the sex culture” of the country, To leave behind “sexual terror”, “crime” or “fear”.

“We want to leave the rape culture behind and build a true culture of consent,” he emphasized. Much of what he said is “being achieved” despite “reactionary noise”, “overpowering” or “patriarchal justice”.

These are the key points of biological law for comprehensive guarantees of sexual freedom, known as The only rule of s is s,

consent

It is the fundamental aspect that inspires and supports the law and which serves to judge all sexual offences. This can be summed up in the slogan “Only yes is yes”, which was used in the feminist protest over the pack case. This is how it is interpreted in the law: “It shall be understood only if it is freely expressed by means of acts which, in view of the circumstances of the case, expressly express the will of the person.” That is to say, consent must be positive, so silence, inaction, or non-resistance is not an excuse.

Once consent is centralized, it avoids leaving defenseless victims who have not shown physical resistance for various reasons, such as fear or intimidation. Proving that the opposition was critical of an allegation of the offense of sexual assault.

Make up the difference between abuse and aggression

This is linked to the previous point and is one of the most relevant issues of law. The distinction between sexual abuse and assault has been eliminated with the reform of the Criminal Code, which would treat all sexual acts as a violation with the consent of the victim, punished with a variety of punishments depending on the severity and circumstances. Until now, the distinction was determined based on whether there were episodes of violence or intimidation. Changing this was the demand of the feminist movement.

Imprisonment up to 15 years and provision of serious circumstances

The new penal system can range from fines to 12 years in prison for serious violations and up to 15 years in the case of two serious circumstances. In severe circumstances, sexual assault by two or more people, the use of drugs or drugs to nullify the will of the victim, that the woman is a partner or ex-partner (even without living together also) or the use of physical violence or weapons to make threats.

OK for “intimidating” compliments

A novelty is a criminal prosecution of expressions, compliments, behavior or offers of a sexual nature “that create a purposefully abusive, hostile, or intimidating situation for the victim.” They will do fine or work for the benefit of the community or the penalty of permanent place. For that the aggrieved person has to file a complaint.

prostitucin

Finally, the issue has been taken out of the law after a face-to-face confrontation that jeopardized the processing of the rule. The Ministry of Equality revised itself and from United we can support other parliamentary groups to lift third place harassment from the law, i.e. the transfer of spaces, premises or flats to practice prostitution, even if it is voluntarily Ho. PSOE introduced an amendment to further tighten this oppression but was eventually forced to give in and withdraw it as the rest of the parties threatened to overthrow the law. And he would have approved it with PP votes.

24 hour service center

A list of measures has been established to provide special comprehensive assistance to victims of sexual violence to deal with their situation. From medical, psychological or labor care to legal advice and free legal aid. To provide this service, “24 Hour Centres” will be set up under the criteria of “Sustainable Attention and Immediate Action”.

children’s house

With respect to minor victims, the grounds for implementing the model have been established in Spain. children’s Home anglosjan o baby house Scandinavian. It is demanded that special attention should be given to them in these children’s homes and the sources of resuscitation for the child be significantly reduced along with getting justice and greater guarantee of receiving evidence in safe conditions that facilitate investigation. be offered.

Punishment for spreading sexual videos

Dissemination of personal images and videos of sexual material without consent shall be punishable with imprisonment of either description for a term which may extend to three months to one year, or a fine of six to 12 months. Similarly, sharing or forwarding through WhatsApp or other channels after receiving such images will also attract a fine of one to three months.

sex education at all levels

The education system will provide content “sex education and gender equality and affective-sex education for age-appropriate students” and “at all educational levels”.

In addition, all phases will have “training materials on the appropriate and important use of the Internet and new technologies aimed at raising awareness and preventing sexual violence and protecting privacy.”

other sexual violence

Apart from rape, which is the most serious manifestation, female genital mutilation, forced marriage, sexual assault and trafficking for sexual exploitation are also classified as sexual violence.

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