The draft regulation defines consent as an express expression of an individual’s will – silence or passivity doesn’t depend as consent.
The draft regulation defines consent as an express expression of an individual’s will – silence or passivity doesn’t depend as consent.
The story up to now: On May 26, the Congress of Deputies—Lower House of Spain’s Parliament—voted to approve a Bill that makes consent a key consider sexual assault circumstances. The Comprehensive Guarantee of Sexual Freedom Bill, popularly referred to as “only yes is yes” or “Ley sólo sí es sí” in Spanish, frees victims from having to show that violence or intimidation was used in opposition to them. It defines consent as an express expression of an individual’s will—silence or passivity doesn’t depend as consent. Under the draft regulation, non-consensual intercourse may be thought-about aggression and perpetrators may be topic to imprisonment for as much as 15 years.
The Bill was authorized by 201-140 votes with three abstentions within the Lower House. Most votes in opposition to the draft regulation had been by members of People’s Party and Vox. The Bill now awaits the approval of the Senate.
What are the highlights of the Bill?
The Comprehensive Guarantee of Sexual Freedom Bill was led by Irene Montero, the Equality Minister of Spain. Preparation of the Bill had been underneath means for 2 years, and the Council of Ministers authorized its referral to the Parliament in July 2021.
“From now on, Spain is a freer and safer country for all women. We are going to swap violence for freedom, we are going to swap fear for desire,” Ms. Montero mentioned to lawmakers in Congress.
The draft regulation eliminates the authorized distinction between ‘sexual assault’ and ‘sexual abuse’. It classifies all behaviours that violate sexual freedom with out the consent of the opposite individual as sexual assault.
The textual content of the “only yes is yes” Bill notes that sexual violence is without doubt one of the most typical types of human rights violations dedicated in Spain and disproportionately impacts ladies and ladies.
The Bill additionally brings feminine genital mutilation, compelled marriage, harassment with sexual connotations, and trafficking for the aim of sexual exploitation throughout the ambit of sexual violence.
It particulars the provision of care and steering for victims of sexual assault, together with authorized help, medical and psychological care, and financial and different wants. Once the regulation is enacted, 24-hour disaster centres will probably be set as much as present assist and help in disaster conditions for victims and their members of the family. The Bill additionally says minors who commit sexual crimes need to endure intercourse training and gender equality coaching.
Under the proposed regulation, any one who addresses one other individual with “expressions, behaviours or propositions of a sexual nature that create an objectively humiliating, hostile or intimidating situation for the victim, without constituting other more serious crimes”, will probably be liable to a penalty.
What prompted the dialogue on sexual violence?
Spain’s La Manada rape case is taken into account to be the first cause that indicated the necessity for a regulation just like the Comprehensive Guarantee of Sexual Freedom.
In 2016, an 18-year-old woman was gang-raped in Pamplona at the beginning of the San Fermin bull-running pageant. Five males had been accused however had been acquitted of sexual assault, which incorporates rape, for the reason that girl was not violently coerced. The defendants argued that the lady by no means mentioned “no” through the act, whereas the lady mentioned that she was paralysed by concern.
The males had been as a substitute discovered responsible of sexual abuse, which is a “lesser offence” in line with present regulation, and sentenced to 9 years in jail.
The verdict sparked large protests throughout the nation.
The ruling was overturned by the Supreme Court of Spain in 2019, and the 5 accused had been sentenced to fifteen years in jail on rape fees.
Sexual violence in Spain
The 2019 Macro-survey on Violence Against Women says that one out of each two ladies — an enormous 57.3% — dwelling in Spain aged 16 and over has suffered violence throughout their lives on account of their gender. The survey coated all types of violence in opposition to ladies – from “undesired sexual leering to rape”.
Around 2.2% of all ladies residing in Spain, aged 16 and over, have been raped sooner or later of their lives. That is almost 4,53,371 ladies. More than 3% of ladies over 16 mentioned that they’ve skilled sexual violence earlier than the age of 15. Over 12% of ladies who suffered sexual violence, the place the perpetrator was not a associate, mentioned that a couple of individual participated within the assault. In practically half the circumstances, the violence was repeated greater than as soon as.
Spain’s stand on International tips relating to sexual violence
Non-consensual sexual acts are outlined as rape underneath the Council of Europe Convention on stopping and combating violence in opposition to ladies and home violence, generally referred to as the Istanbul Convention. Spain has signed and ratified it. Article 36 of the Istanbul Convention urges signatories to criminalise non-consensual sexual acts.
Spain can be a signatory to the Convention for the Elimination of All Forms of Discrimination in opposition to Women of the United Nations (CEDAW), and the Council of Europe Convention on Combating Trafficking in Human Beings (Warsaw Convention).
(With inputs from AP)
Source: www.thehindu.com
