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EXPLAINER: What Spain’s new ‘solely sure means sure’ legislation means for rape victims in Spain


SPAIN’S Congress authorised a ‘sure means sure’ legislation on Thursday, qualifying all non-consensual intercourse as rape.

The laws handed with 205 votes in favour, 141 in opposition to and three abstentions. Solely MPs from the conservative Common Occasion (PP) and the far-right Vox voted in opposition to it.

The invoice comes within the wake of the notorious ‘Wolf Pack’ gang rape case in Pamplona that sparked public outrage and prompted mass demonstrations throughout Spain.

Demostration Against Judicial Verdict Of The Herd
Banner reads:”It’s not abuse is rape” at a demo in opposition to the sentencing of Pamplona gang rapists. Picture: Cordon Press

The brand new legislation, lengthy supported by assault survivors and girls’s rights teams, has been dubbed the  ‘solely sure means sure’ legislation as a result of it defines any intercourse acts with out clear consent as rape.

It merges the crimes of sexual abuse and sexual assault beneath the label of rape, that means victims will not need to show violence or resistance.

It follows an overview of laws which got here into power in Sweden in 2018 and defines consent as an express expression of an individual’s will, making it clear that silence or passivity don’t equal consent.

And it means non-consensual intercourse might be thought of aggression and topic to jail phrases of as much as 15 years.

“Ultimately our nation legally recognises that consent is what must be on the centre of all {our relationships},” Equality Minister Irene Montero instructed lawmakers in Congress on Thursday because the laws was handed.

“No lady will ever need to show that violence or intimidation was concerned to ensure that it to be thought of a sexual assault.”

The invoice, which has been a number of years within the making, has been excessive precedence for Spain’s leftist coalition authorities however confronted opposition from the conservative Common Occasion and far-right Vox, whose MPs voted in opposition to it.

However it was authorised by 201-140 votes with 3 abstentions and should will now face a vote within the Senate earlier than it could grow to be legislation.

The laws additionally consists of measures that obliging underage intercourse offenders to endure intercourse schooling programs and gender equality coaching. It additionally extends assist for victims with the creation of a community of 24 hour disaster centres throughout Spain for many who have suffered sexual assault.

The brand new laws is meant to make sure that victims received’t need to undergo the additional injustice that was seen through the ‘wolf pack’ case which noticed 5 males accused of gang raping an 18-yearold throughout San Fermin fiesta in Pamplona in 2016.

The accused have been discovered responsible of sexual abuse and never rape after a video proven to the courtroom of the act appeared to point out that the sufferer didn’t resist.

 It prompted widespread outrage and mass protests in what turned Spain’s ‘me too’ motion with the hashtag ‘I imagine you’.

Ultimately Spain’s Supreme Courtroom later overruled two decrease courts and sentenced the 5 males to fifteen years in jail on a rape conviction.

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