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INPRIMATU
ANALYSIS
Sex freedom law?
Leire Artola Arin 2023ko maiatzaren 02a
'Soilik baietz da baietz' legean sexu erasoa eta sexu abusua bateratu dituzte, baina frogatu beharko da indarkeria edota larderia egon dela, zigorrak handitzeko. Argazkia: Ecuador Etxea.

The period in which feminists shouted out the claim "is not no" remained behind. For years now, we have begun to defend "just yes," so that the guilt of sexual assault does not fall behind women. The response to the collective violation of the Sanfermines 2016 marked a milestone and the street struggle came to the institutions, late and, of course, to raise powders. It is just that it is one of the issues that has caused the most tension in the coalition of the Spanish Government, between the PSOE and the United Nations Podemos. Last October the Spanish Organic Law for the Full Guarantee of Sexual Freedom was launched, which agreed to focus the idea of recognition, unifying the crimes of sexual abuse and sexual assault, among others, to prevent women from demonstrating their resistance at the time of aggression. They wanted to avoid revictimization and guilt.

But the law had "flaws": some judges used the law to reduce convictions of prisoners who committed sexual assault. Society was scandalized and several media and parties used it to arouse social alarm, saying that the rapists went out into the street and provoked fear and helplessness of women. Well, six months later, they passed the law reform in the Senate on April 26, "correcting errors." On April 20, Congress passed but with clear discrepancies: the reform advanced because the proposal presented unilaterally by the PSOE was supported by the PP. It received 233 votes in favour, including the PNV, 59 against, between EH Bildu and Unidas Podemos, with 4 abstentions. A legal reform has therefore been adopted that aims to "guarantee sexual freedom completely" because the right has wanted. In fact, the Minister of Equality, Irene Montero, has criticised the PSOE for negotiating with those who have the approval as "theatre" and for its proposals to be closed. We and EH Bildu, among others, have called for approval "not to be touched", and for violence not to be put at the centre, but to be considered aggravating. But the debates have been futile and the PSOE has decided to "fix" the mistakes on its own.

What mistakes have you corrected? Justice Minister Pilar Llop confirmed the "greatest punishment for the most serious crimes". In other words, cases of violence or intimidation, which have left the centre of acceptance and have been the main criticism of feminists, will be more punished. Revictimization will continue in force. What message does it convey to women? That aggression is only if resistance has been put in place, again to the motto "is not no". Once again, to put the burden of attacks on women's backs. While the punitive system discusses whether men continue to practice "sexual freedom" in the name of the patriarchy, with "difficulties" in understanding the difference between sexual assault and sexual intercourse.