Spain passes “Only yes means yes” law

In future, sexual acts in Spain will require the express consent of all those involved. That’s what it says in the “Only yes means yes” law that was passed by Parliament. The distribution of sex videos is also punished.

Spain has taken an important step towards tightening sex crimes laws. With a clear majority, the parliament in Madrid approved a draft law by the left-wing government, according to which all persons involved must in future expressly consent to sexual acts.

Only the MPs of the conservative People’s Party (PP) and the right-wing populist Vox voted against the so-called only-yes-means-yes law. Her main argument: the plan jeopardizes the principle of the presumption of innocence. The law still has to be approved by the Senate before it can be passed, but this is considered a formality.

15 years in sexual violence

The new paragraphs eliminate the distinction between abuse and aggression. Once it comes into force, sexual assault will be considered rape – regardless of whether the victim resists or allows an act to happen out of fear. Rape and sexual violence are punishable by up to 15 years in prison. In addition, among other things, “intimidating” compliments and the distribution of sex videos are punishable.

Equality Minister Irene Montero celebrated the House of Commons endorsement, saying it was “a crucial step in changing Spain’s sexual culture” and ending “sexual terror” and the “culture of rape”. “The feminist movement is making history in Spain,” she said.

Mild penalties in the past

With its initiative, the left-wing government reacted to several cases of gang rape in which the perpetrators had gotten away with light sentences in recent years.

A case in July 2016 in particular caused great outrage. A group of five young men dragged a young woman into a doorway during the San Fermín celebrations in Pamplona. They raped their victim multiple times and filmed the whole thing.

The competent court did not consider the offense of rape to be given because, as the 2018 judgment said, there had been “neither beatings nor threats” and the victim had remained passive. The verdict sparked protests across the country.