The Plenary of Congress debate this Thursday the amendments to the totality presented by Vox and the PP before the one baptized as the “only yes is yes” law of the Government. In the turn of Vox, the deputy Carla Toscano has described the law as illegitimate and has assured that it “violates civil rights and freedoms.”
“This law will curtail basic civil rights and freedoms,” said Toscano. «His law violates the most basic legal technique, violates fundamental rights, freedom, even common sense. So I tell you, Social Communist Government, the rapist is you», Has concluded, referring to that song that popularized radical feminism.
Toscano has started his speech by appealing to two deputies, the socialist Rafael Simancas placeholder image and the popular Txema Guijarro. «Are you looking at me? It’s that maybe I don’t like the way they look at me. They are lucky that I am a sensible woman, a Vox deputy, and that I am not going to do anything. But if it were another type of woman, by that look I could denounce them for harassment, and even for rape, because I am a woman and I am worth it “, the deputy assured. “That is this law”, has influenced receiving the applause of his own.
Both Vox and the PP are directly opposed to this new government law, which the Executive approved last July. A law that even reverses the burden of proof, forcing a person to prove innocence rather than the other way around.
Despite these amendments, the draft Organic Law for the Comprehensive Guarantee of Sexual Freedom, which will reform the Penal Code to end the distinction between abuse and rape and will make express consent the key to prosecuting sexual crimes, begins its processing in the Congress, since the vetoes do not have enough support to move forward.
One of the main points of this law of ‘only if it is yes’ is the definition of sexual consent. “It will only be understood that there is consent when it has been freely expressed through acts that, in view of the circumstances of the case, clearly express the will of the person,” states the rule.
Consent must always be positive. The Ministry of Equality defends that this formula is in line with the definition given by the Istanbul Convention in its article 36.2. Of course, it creates many legal doubts.
Badly written, hasty, inaccurate, inapplicable … These are some of the pearls with which the political world has described the Law of Sexual Freedoms of the Minister of Equality, Irene Montero. From the legal field, the criticisms have been rigorous, objective and technical, but not more benevolent. Three jurists analyzed for OKDIARIO the new law and its defects just when it was approved, last July.