Spain's Cabinet passes 'only yes is yes' bill to redefine 'consent' in rape

In a massive step to protect women, Spain’s cabinet on July 6, approved a draft bill that requires consent for sex acts. Named ‘Only yes is yes', the bill was proposed following an incident where an 18-year-old woman was raped but in the absence of violence, the act was labelled only as ‘sexual abuse’ and not ‘ sexual assault’. Additionally, the victim's inability to resist was also termed as a form of consent by the country's ambiguous criminal law. 

What is the bill about?

The proposed law "makes clear that silence or passivity do not mean consent, or that not showing opposition can not be an excuse to act against the will of the other person," government spokeswoman Maria Jesus Montero told a news conference after the Cabinet meeting. If the bill gets passed by the country’s 616 member parliament, it would alter the definition of rape to be ‘forced sex without consent', increasing the strictness of the country’s laws against rape and sexual assault. It would also bring in violence and intimidation during the sexual assault.

Additionally, it would also bring tighter laws and prison sentences for work-related sexual offences. Additionally, catcalling will be labelled as a criminal offence. A vote by the bicameral Cortes Generales is expected later in September. At present, scores of European countries including Belgium, Croatia, Cyprus, Denmark, Germany, Greece, Ireland, Luxembourg, the UK, Iceland, Sweden and Malta already define rape as conduction of sexual intercourse without consent with ‘consent’ not being inability or unwillingness to show opposition. 

Previously in April, France passed legislation to define sexual relations with minors under the age of 15 as rape. The decision stated that under the law, the punishment could lead up to imprisonment of up to 20 years unless the gap between the two is small. The legislation was passed unanimously. The bill originated in France which means both the house agreed upon it. Officials in France are calling it "historic law". The bill has also added sexual relations between an adult and under 18 relative as illegal.

Image: AP