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1 minute read
Flawed law
CASSANDRA NASH
SPAIN’S Sexual Freedom Law, passed last August, is known as the Only Yes means Yes law.
The need for change was made clear after an 18 year old girl was raped in 2016 by five men. Initially they were convicted of sexual abuse, receiving nine year sentences after a video showed their victim immobile with closed eyes, giving judges the impression that she was fine with the situation.
For that reason, the new legislation has earned its Only Yes means Yes label as it replaces the old notion that in a rape situation, a woman must say No and put up a fight, possibly risking her life.
The new law promoted by Equality minister Irene Montero immediately ran into trouble because Spanish jurisprudence allows a convict to benefit retroactively from changes to legislation. Since the new law redefined sexual offences and their sentences, a number of offenders have successfully applied for reduced prison terms. Critics