Spanish to close sexual consent law loophole

Over 300 convicted sex offenders have had their sentences

shortened.

Spain’s government has committed to amend a new sexual consent law that while intended to increase the protection of women has inadvertently allowed hundreds of sex offenders to get their prison sentences significantly reduced.

The law, known as “only yes means yes”, made verbal consent, or the lack thereof, the key component in cases of alleged sexual assault. But it also revised the minimum and maximum prison terms for sexual assault convictions, a move which has opened the door to judges shaving months or even years off convictions for rapists and abusers on appeal.

For the first time since the controversial law came into force almost four months ago, the coalition government’s socialist Prime Minister

Pedro Sa´nchez publicly spoke about a correction to the text.

“The Law on Sexual Freedom has had an unwanted consequence, the reduction of sentences in some cases. This is a technical question that does not reflect the will of the Executive,” he told a Senate session yesterday. “And those unwanted effects, of course, we are going to correct them.”

Since the law took effect, over 300 convicted sex offenders have had their sentences shortened and at least 30 who had been near the end of their sentences have been released from prison. That has led to an outcry by women’s groups and consternation among the general public, putting pressure on the government — which plays up its feminist credentials and which has a majority of women ministers — to act.

Changing the law, however, could produce tensions during an election year between Sa´nchez’ ruling Socialists and their junior partner, the anti-austerity “United We Can” party.

Equality Minister Irene Montero, who championed the sexual consent law, said talks were ongoing among coalition members to reform it.

“I am not going to hide from you that we have a discrepancy about the consent, we are going to continue working so that there is an agreement” said Montero, who is one of four ministers in the cabinet from the junior coalition member.

She blames judges for misinterpreting the law due to what she considers endemic sexism in the courts. Spain’s judiciary, along with politicians from various parties, has said the law was poorly crafted.

Minister and Cabinet spokesperson Isabel Rodriguez referred to technical adjustments but refused to give more details on how to match the interests of both coalition partners.

“I am convinced that none of the people that took part in the drafting process wanted the undesired effects that have generated a social concern shared by the government,” said Spain’s Minister of the Presidency Felix Bolan˜os. —AP