This Thursday, August 25, the Congress of Deputies approved the Organic Law of Comprehensive Guarantee of Sexual Freedom, more popularly known for the law of “only yes is yes”
It has taken more than two years for its approval, since March 2020, the date on which the preliminary project promoted by the Ministry of Equality was approved and whose main objective is to combat sexual violence and ensure protection, comprehensive care and recovery of victims, including minors.
What new features does this Law include?
One of the main points of this law is the consent understanding that "it will only be understood that there is consent when it has been freely expressed through acts that, taking into account the circumstances of the case, clearly express the will of the person."
With this modification, the sexual abuse of the Penal Code, considering any sexual act without consent an assault (rape)
Penalties also change for sexual assault, considering aggravating the fact that the aggression is group, that violence or serious harm is inflicted on the victim, that the victim is especially vulnerable, that weapons or dangerous means are used, that the aggressor is a partner of the victim or has a family relationship, and that In sexual assault, chemical substances are used to nullify the will.
What specific measures does this Law include for minor victims?
Until now, the protection of girls and boys who suffer sexual violence was covered by the Children's Law. With this new Organic Law of Comprehensive Guarantee of Sexual Freedom, a specific itinerary of care for minor victims which includes the creation of specialized centers made up of multidisciplinary teams of professionals.
Minors will also be protected against online attacks, punishing those who, through new technologies, contact a minor and propose to arrange a meeting with the purpose of committing acts of a sexual nature or try to trick them into providing pornographic material or shows pornographic images in which a minor is represented or appears.
If you want to know all the implications that this new law brings with it, access our training and prepare to work in Intervention with minors.