Loopholes in the pioneering law in Spainaccording to which sexual intercourse without explicit consent is rapethreaten to disband Pedro Sanchez’s centre-left coalition.

Check “only yes means yes”—composed in the wake of the 2016 gang rape that sparked a national uproar—aims to ensure consent is an important factor in characterizing a sex crime.

However, the law had the unexpected effect of commuting the sentences of hundreds of convicted sex offenders and, in some cases, early release.

What led to the development of the law?

This law was passed after an 18-year-old woman was raped by five people during the famous San Fermin bullfighting festival in 2016.

The attackers, who called themselves “a pack of wolves” and filmed the rape, were found guilty of sexual harassment, rather than rape, which carries a heavier penalty, after a court ruled it could not be proven they had abused its victim.

The decision sparked a national outcry and, under pressure from public outrage, the Supreme Court overturned the decision in 2019, finding five guilty of rape and increasing their prison sentences from nine to fifteen years.

It was this case, according to Unidas Podemos, a far-left junior partner in the governing coalition, that initiated the development of the sexual consent law.

What does the law say?

Known as “sólo sí es sí” (only yes means yes), law it was adopted by the Spanish Parliament in August 2022.. nouns, expanded the definition of sexual assault to include that sex without explicit consent could amount to rape, with an equally severe penalty..

Prior to its adoption, proof of violence or coercion was required for a sexual offense to be considered rape.

However, under the new law, it was created a loophole used by defense lawyers to commute sentences in at least 700 cases and get 74 early releases for sex offenders by March 1..

What change is proposed?

In February, Prime Minister Pedro Sánchez’s Socialist Party introduced a clause to increase the minimum prison term to six years in cases of sexual assault if the offense involves violence or intimidation.

However, Podemos, arguing that this condition weakened the law and shifted the burden of proof to the victims, refused to support the clause without further alternative proposal.

However, Sanchez managed to get it through in the first ballot on March 7, backed by the conservative People’s Party, the main opposition.

What are the political implications?

The event caused a major rift between the ruling partners, with the Socialists on the one hand and Podemos on the other exchanging accusations in Parliament in what was the coalition’s biggest crisis since its formation in 2020.

This split could pave the way for a “state divorce” because, In the run-up to May’s regional elections and later national elections, both parties are trying to bolster their constituency base..

Sanchez explained that despite tensions, he is committed to keeping the coalition alive until the end of his term. However, it cannot be ruled out that a divided left will make it easier for the conservatives to return to power.

Source: Bloomberg.