Spain Passes ‘Only Yes Means yes’ Bill; Non-Consensual Sex To Be Considered Rape

Spain, 3rd June 2022: In the city of Pamplona, Spain, in the year 2016, an 18-year-old girl was gang-raped by 5 people. A video was also recorded of the crime. In the video, the woman was seen silent, not objecting.

Citing the video, the court refused to consider it rape. It was argued that the girl could not present any evidence of rape nor explicitly objected to the sexual act. The court convicted the five accused not of rape, but only of sexual harassment. It was called the ‘Wolf Pack case’. Protests took place across the country against the court’s decision.

Six years later on 26th May 2022, a bill was passed in the lower house of the Spanish Parliament. According to this bill, in Spain, the victim no longer needs to prove that she has been raped. If she has not expressly consented to the sexual act, then it will be considered rape. To remain silent or not to protest will not be considered consent. This bill is being called ‘Only Yes Means Yes. After being passed by the lower house, it will now be introduced in the Senate of Spain.

140 out of 201 MPs voted in its support. Now this bill will be introduced in the Senate. After being passed by the Senate, this bill will become law.

• Under this bill, action will be taken under the law of sexual violence in cases like harm to private parts of women, forced marriage, sexual harassment, and trafficking for sexual exploitation.
• Special attention will also be given to sexual violence on digital platforms. It is also an offence to promote sexual violence, create porn content without consent, or invite someone online to participate in a sexual act.
• According to the bill, the cases of rape and other sexual harassment will be kept under the same purview. Also, if the accused gave any intoxicant or drugs without informing the victim before the sexual act, then it will also be considered an offence.
• Sharing objectionable photos without consent will also be an offence under the bill. The bill states that advertisements that promote gender stereotypes or sexual violence against women will be considered illegal.

Under the ‘Only Yes Means Yes’ bill, the offender can be jailed for up to 15 years for having a physical relationship without consent. Apart from this, gender equality training and sex education will be given to the minor who commits sexual violence. Sex education will be made compulsory in studies with a special focus on the digital sector. This will make everyone aware of the importance of sexual freedom.

Under the bill, 24-hour crisis centres will also be set up for the victims in such cases. In the bill, the Spanish government has promised to open at least one crisis centre in every province by 2024.