The reform of the ‘only yes is yes’ law will be approved in the Senate

The reform of the ‘ only yes is yes ‘ law, that has caused the most evident division in the coalition government, is set to be approved by the Senate today.

Last Thursday, in Congress, the minority part of the Executive voted against the reform proposed by the majority, which obtained the support of PP, Ciudadanos, PNV, CC, UPN and PdeCat, whereas Unidas Podemos, ERC y EH-Bildu voted against the reform.

The coalition and investiture partners were unable to agree to modify a rule that the PSOE has described as “good”, but which has caused “unwanted effects” such as the reduction of sentences for almost a thousand sexual offenders and the release of a hundred of them.

In this context, the reform reaches the Senate this week to undergo the last step in correcting the law, to be voted on Wednesday in plenary. The process will be carried out expressly.

Both the PP and ERC and EH-Bildu will keep in the Senate the amendments that they presented in Congress and which were not accepted. Esquerra and Bildu request that articles 178 and 179 of the Penal Code be maintained as they are in the ‘only yes is yes’ law to “protect consent as the centre of law.” The PP will maintain the amendments that were not accepted by the PSOE, among which are the reinclusion of references to the sexual indemnity of minors, the elevation of some penalties and the reintroduction of sexual assault by deceit, abuse of trust or authority for minors between 16 and 18 years old.

The modification of the PSOE creates an aggravated subtype within the crime of sexual assault so that the penalties are higher if there is violence and intimidation, something that the Minister of Equality, Irene Montero, describes as a “regression” and a return to the previous Penal Code.

The PP supports this position, since it considers that the modification of the law is, in reality, a “repeal” and a “return to the Penal Code of democracy”. However, the Socialists defend that their proposal is limited to changing “technical issues” that do not touch the definition of consent.

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