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Current Affairs

Guarantee of Sexual Freedom Bill

Date: 01 June 2022 Tags: Bills & Laws

Issue

The lower house of Spanish parliament has passed the Guarantee of Sexual Freedom bill.

 

Background

The bill is popularly known as ‘only yes means yes’ bill and aims to make consent a significant determinant in cases of sexual assault.

 

Details

Supporters say that women will have a law that guarantees their sexual freedom. The survivors will not be required to prove that they have been victims of sexual violence or assault.

 

The bill

  • The bill will not require sexual assault victims to provide proof of sexual violence or physical resistance. Any sexual act without consent will be considered sexual assault.

  • The criminal law will be based on a model that will put consent at the centre. Silence or passive agreement to a sexual act will not be counted as consent.

  • Consent during sexual act will only be accepted to have been given if the will of the person has clearly been expressed. 

 

Other features

  • Sexual violence definition has been broadened to include female genital mutilation, forced marriage, sexual harassment and trafficking for sexual exploitation. 

  • Rape and sexual assault crimes would be looked through the same perspective and treated with the same level of stringency.

  • Individuals making use of substance, like drugs or any chemical substance, to attain the will of the victim will also be punishable.

  • Minors committing sexual violence will be forced to undergo gender equality training and sex education.

  • Special attention will be given to provide sexual education at every stage of education with a special focus on the digital sphere.

 

Laws about non-consensual sex

  • Defining non-consensual sexual act as rape is a part of the Istanbul Convention. The convention has been signed by 34 countries around the world.

  • Countries such as United Kingdom, Ireland, Belgium, Cyprus, Luxembourg, Iceland, Germany, Sweden and Switzerland have defined non-consensual sex as rape in their laws.