Spain Weighs Defining All Non-Consensual Sex as Rape
The Spanish Parliament is set to approve a major overhaul of the country’s laws on sexual violence, with tighter penalties for sexual harassment and more support for victims.
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Any non-consensual sex will be considered rape in Spain under a bill expected to be approved this year, reports Reuters. The “yes means yes” model, which qualifies any non-consensual sex as rape, is part of a larger move to toughen penalties for sexual assault. Under the current legislation, a perpetrator must have used physical violence or intimidation for an assault to be classified as rape. Additionally, stalking and street harassment were considered misdemeanors.
Under the new law, both of these will become crimes, as will gang rape, which will be considered an aggravating factor entailing prison sentences of up to 15 years. The new law also establishes 24-hour sexual assault helpline and specialized children’s homes for under-age victims. The bill was approved five years after an 18-year-old woman was gang raped by five men at Pamplona’s bull-running festival, creating outrage calling for tougher penalties. The law will bring Spain into line with 11 other European countries, including Sweden, Portugal and Britain, that use similar legal definitions. Just last week the cabinet passed a draft law to allow anyone over 14 to legally change their gender without a medical diagnosis or hormone therapy. Government spokesperson Maria Jesus Montero said “what the new law does is put the victim at the center of the public response.” “Silence or passivity does not mean consent.”
