Spain Approves Law Classifying All Non-consensual Sex as Rape

Spain’s government recently approved a draft bill that increases the penalties for sexual abuse and classifies all non-consensual sex as rape.

The bill, dubbed as the “only yes means yes” law, comes in the wake of the notorious “Wolf Pack” case, where an 18-year-old woman was allegedly gang-raped at the Pamplona bull-running festival in 2016.

In 2018, the men involved in the case were only convicted of a lesser sexual abuse charge, rather than full-on rape, This led to mass protests in the streets demanding a change to the law.

The law also establishes special courts for sexual violence cases, recovery centers for victims, jail-time for workplace sexual harassment, and criminal penalties for catcalling.

Under the current laws in Spain regarding sexual assault, if someone cannot physically fight back–due to being incapacitated, scared, intimidated, or any other reason–the crime can not be considered rape.

In future sexual assault cases, the only question will be consent. Without consent, it is automatically ruled a rape.

Penalties for rape will also be strengthened from four and 10 years to up to 15 years if there are aggravating factors such as the use of drugs or weapons.

The bill will now be sent before two commissions before heading to the Spanish parliament for debate.

Spain could become the tenth country in Europe to define rape as sex without consent.

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