Everything you need to know about the "Only yes means yes" anti-abuse law in Spain.

In May 2022, the "Only yes means yes" law was passed in Spain, attracting considerable public attention. This law stipulates that all parties must explicitly consent to sexual acts. Furthermore, sexual assault will be considered rape even if the victim does not resist. With this new law, Spain's Minister for Equality, Irene Montero, hopes to bring about a change in the country's sexual culture.

However, the law also faced opposition. The Spanish newspaper ABC countered: “The law establishes the assumption that men are always guilty and reverses the burden of proof in criminal proceedings. Now, a man will have to prove his innocence instead of the court having to present evidence of guilt. This is unprecedented in our legal system and contradicts the most fundamental legal principles.”

The initiative for this law was spurred by a scandalous case six years ago in Spain. Public opinion was outraged at the time by the gang rape during the San Fermin bull-running festival in Pamplona, ​​Basque Country, Spain.

The five defendants in the case were convicted of sexual abuse but not rape, as the victim was believed not to have resisted the act. According to a 2020 analysis by Amnesty International, the sentences sparked widespread protests across the country, and many called on Spain to join dozens of other European nations in defining rape as sexual intercourse without consent.

At the time, according to the Spanish criminal code, rape had to involve violence and threats. This led to noisy protests across the country demanding reform. Subsequently, the Spanish Supreme Court sentenced these five men to 15 years in prison each for rape.

Previously, rape cases would be judged based on evidence of violence, threats, or resistance to determine whether a sexual crime had occurred.

According to the Associated Press, the "Only Yes Means Yes" bill defines consent as a clear expression of sexual consent, and silence or passivity as not equivalent consent. The bill also defines rape as sexual intercourse without explicit consent. Non-consensual sexual intercourse could be considered assault and carry a prison sentence of up to 15 years.

For Vietnamese tourists in Spain who commit crimes, Spanish authorities may transfer criminal prosecution to Vietnamese judicial authorities if they deem Vietnam to be in a more favorable position to conduct the investigation, prosecution, and trial of the crime.

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