The Guarantee of Sexual Freedom Bill in Spain, popularly known as the 'only yes means yes' bill, had been in the works since 2020. The Bill came to be after a widespread protest in the country where women took to the streets and demanded sexual freedom from the government. Their outrage wasn't unexpected, considering the horrifying cases of sexual violence that were being reported in the country, the most gruesome one being the gangrape of an 18-year-old girl by five men.
Two of the abusers filmed the incident and the video came to be a major push for the country to amend its law. Apart from the unmentionable horrors shown in the video, the court also took note of how the survivor did not verbally object to what was happening to her. That is why the accused persons were only charged with sexual assault and not rape.
With the newly passed bill which is yet to become a law, survivors of sexual abuse or violence in Spain will not have to prove that they were raped. If they did not clearly state their consent to the sexual act, it would count as rape in the eyes of law. Silence or passive agreement will not count as consent.
Irene Montero, the Equality Minister of Spain wrote on Twitter, "Women will finally have a law that guarantees their sexual freedom. The government and the feminist majority in Congress are here to make our country a freer place for women."
Only Yes Means Yes Bill:
The landmark Bill has consent at the centre of its framework. The broad definition of the bill considers everything from female genital mutilation, forced marriage, sexual harassment and trafficking for sexual exploitation as sexual violence. It will also pay attention to sexual violence that takes place in digital spaces. The Bill does not differentiate between sexual assault and rape- both will be treated with the same strict actions.
As per the Bill, perpetrators could get up to 15 years of jail sentence. Another important thing about the bill which should also be followed by other countries is its focus on sex education. At every stage of education, citizens of Spain will have mandatory sex education so that men and women both understand the importance of sexual freedom. Advertisements that use gender stereotyping or normalise sexual violence against women will also be illegal. Without beating around the bushes, the bill actually recognises the pain of survivors and promises to ensure their safety with meticulous steps. One can hope for a major societal change after the bill becomes a law.
The topic of consent has often been discussed in a manner that it would put the onus on the survivors. As if the woman sitting uncomfortable in the corner of the bed is hiding that fact that she is not on board with what is going to happen next. She has to gather the courage and defeat all kinds of manipulation from her partner to scream NO. The absence of the two letters automatically means yes. Yes, Spain's new bill has removed that grey area but the real impact of it will be seen only when the law is implemented and the survivors really get justice.
Suggested Reading: Marital Rape: The Case of Wife’s Consent, If She Can’t Say ‘No’ Can She Say ‘Yes’?
Consent gaining more and more significance is definitely applaudable. It has come off as a major factor in ensuring that an individual's desire and sexual freedom is safeguarded. What we should also consider is that consent itself is not enough. Who is to say that women who have loudly said yes have not ended up hating the sexual act that took place because of it? It is also not false to say that many women end up saying yes because they are made to do so. What about the guilt put on women's shoulders before they even decide to decline the sexual advances made towards them?
A woman who freely exercises her sexual freedom and has the agency to fulfill her desires without feeling violated is rare. What can we do to make sure there are more women like her?
Views expressed by the author are their own.
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