Demonstrators outside the Supreme Court in June 2019, as the review of the La Manada verdict was published. Andrea Comas
The main reason Podemos claims to oppose the socialist proposal to reform the law of the only yes is that this text damages “the heart” of the norm by tightening penalties for sexual assault committed with violence or intimidation would, according to those responsible at the Ministry of Equality, aim to punish any sexual act committed without the consent of either party. Lawyers have debated in recent weeks whether the importance of consent is really at the heart of the Sexual Freedom Act, and most agree that while the new rule introduces a legal definition of consent for the first time, it already does that determining element was to determine whether or Before the law there was no crime, just yes is yes. This is also the opinion of the Supreme Court, which strengthened this interpretation in a judgment delivered yesterday.
“It is difficult to doubt that in the ordinance prior to the reform driven by LO 10/2022, any non-consensual sexual contact deserved the appropriate punishment,” said a judgment for which Judge Javier Hernández was the rapporteur and in which the criminal Chamber sentenced a man to eight years and four months in prison for sexually abusing a daughter and son, the latter under 16. In his letter, the rapporteur cites another judgment of January 20, in which the Supreme Court had already ruled in the same direction. “Consent to that lack of consent that permeates the title that encompasses these crimes has always been necessary, since they are crimes against sexual freedom, which by their very nature are based on the lack of consent in granting the same to the performance of acts with sexual content ‘ , refers to this other resolution, for which Julián Sánchez Melgar was rapporteur.
In this sentence, the judges reviewed the changes introduced in the law that only yes applies in relation to pictorial consent, and after recalling that it is the first time that a definition of this concept has been included in the law, they point out that the formula now used “is an open formula, and this has already been similarly considered jurisprudentially to understand competing consent”. “Historically, in our criminal legislation, there has not been a legal definition of consent coined along with the description of criminal types, which does not mean that the jurisprudence has not always understood that it was an essential element in this negative case. such that the agent acted without the consent of the sexually assaulted person or with a consent that was incorrect due to the circumstances, the court explains.
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