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Spanish govt apologises to sexual assault victims as loopholes were discovered in its new sexual consent law

The Spanish government has issued an apology to victims of sexual assault after discovering that new loopholes in the country’s sexual consent law have led to some convicted offenders receiving relaxed penalties. The legislation was introduced to toughen penalties for sexual crimes in Spain, but instead led to the release of at least 104 offenders from jail and a reduction in sentences for at least 978 others.

Changes to the penal code meant that offenders could receive retroactive sentence modification if the code was amended. Spanish Prime Minister Pedro Sánchez has asked for forgiveness from victims of sexual assault, acknowledging that the “only yes means yes” law, which came into effect in October 2022, had unintended consequences. Sánchez has stated that the government will resolve the issue and put forward changes to the Parliament to prevent any further problems.

The new sexual consent law sought to redefine all non-consensual sex as rape and make consent a key factor in determining assault cases. This included making it clear that passivity or silence could no longer be interpreted as consent, with consent instead requiring “freely manifested” actions that clearly express the person’s wishes. However, the changes also meant that the legal team of convicted sexual offenders, such as the “wolf pack” gang rape case of 2016, could seek sentence reductions, as consent had become a key determining factor.

The Spanish government, led by the left-leaning Prime Minister Pedro Sánchez, is committed to resolving the issues surrounding the new sexual consent law.

The government has submitted changes to the Parliament for review and promised to put forward a solution to close the loopholes. Sánchez has asked victims of sexual assault for forgiveness and affirmed that he does not believe any MP, including those who voted against the law, is comfortable with reducing the sentences of sexual aggressors.

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