Spain’s lower house of parliament passed a bill that that qualifies all non-consensual sex as rape in response to social outrage after the ‘gang rape’ case gave momentum to the women’s rights movement in the country four years ago. “From today, Spain is a freer, safer country for all women.”
The Spanish government approved a law on Tuesday to define all non-consensual sex as rape, part of a legislative overhaul that toughens penalties for sexual harassment.
The bill, popularly known as “Only yes means yes”, seeks to tackle the nebulous definition of consent in Spanish law. The new bill defines consent as an explicit expression of a person’s will, making it clear that silence or passivity do not equal consent and also the victim will no longer need to prove that they have been subjected to violence or exhibited resistance to prove that this crime has been committed.
The change was welcomed by the minister for equality, Irene Montero. “From today, Spain is a freer, safer country for all women,” she told parliament. “We are going to swap violence for freedom, we are going to swap fear for desire.”
Stalking and street harassment, considered misdemeanors under current legislation, will become crimes, as will female genital mutilation.
The draft still requires parliamentary approval, which is expected by the end of the year.
Women’s victory
Four years ago in Spain, five men who called themselves “Wolf Pack” gang-raped a woman during a bull running festival in Pamplona. Two of the men filmed the assault, during which the woman is silent and passive. Based on this video, the judges interpreted the reaction as consent.
Initially, the five accused in the case were found guilty of sexual abuse rather than sexual assault. The sentences prompted widespread protests and accelerated the preparation of the draft law.
Mass protests against the conviction drew international attention to Spain in the wake of the global #MeToo movement, with the Supreme Court appealing the verdict in 2019, ruling that five men were found guilty of rape and sentenced to longer prison terms.
Expansion of women’s rights expand in Spain
Spain has long sought to position itself at the forefront of sexual politics and advancing gender equality. It legalized gay marriage in 2007 and introduced a pioneering gender violence law in 2004. Also, on May 19, the country granted paid medical leave for women who suffer from severe period pain, becoming the first European country to advance such legislation. It also ended the requirement for minors of 16 and 17 to obtain parental consent before terminating a pregnancy and include measures to boost access to abortion at public hospitals. The bill also guaranteed the free distribution of contraceptives and menstrual hygiene products in high schools, and strengthened sex education.
Sources: Reuters, Euronews, France 24