Spanish govt under fire for passing law that helped sexual offenders reduce sentences

The Spanish government has apologised to victims of sexual assault as loopholes were discovered in the country’s new sexual consent law. It turned out that the law that was meant to toughen penalties for sexual crimes in the country ended up giving relaxations to some convicted offenders.

Under the new provisions, at least 104 offenders have been released from jail whereas at least 978 others have got their sentences reduced. In Spain, offenders can get their sentences modified retroactively if the penal code is changed.

Spanish Prime Minister Pedro Sánchez spoke to the El Correo newspaper on Sunday and said, “I ask victims for forgiveness for these undesired effects.” “I don’t think any MP, including those … who voted against the law, is OK with lowering the sentences of sexual aggressors,” Pedro Sánchez added.

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What is Spain’s new sexual consent law?

The new law, popularly known as “only yes means yes” law, came into effect last October. The prime objective of this law was to define all instances of non-consensual sex as rape. The change made in the penal code was aimed at making sexual consent, or lack of it, a key factor in determining assault cases.

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In making consent the key factor, the new law also made it clear that passivity and silence can no longer be taken as consent, which must be “freely manifested through actions that … clearly express the person’s wishes”.

How did the new law help some sexual offenders?

To understand this, we can look into the 2016 “wolf pack” gang rape case of Spain. Five men were accused of raping an 18-year-old woman in Pamplona. Later, it was found out that the victim reportedly did not object to the sexual assault. However, the Spanish Supreme Court did take the consent into consideration and sentenced each man to 15 years in prison under rape charges.

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Now, the lawyers of the offenders are planning to seek a reduction in the sentences of their clients as consent has now become a key factor in determining sexual assault.

What’s the Spanish government doing about the loopholes?

The government has promised to close the loopholes, and the left-leaning government of Prime Minister Pedro Sánchez has already submitted changes to the Parliament for examination. “We will put a solution on the table to resolve these problems,” Sánchez promised.

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