In May 2022, the "Only yes means yes" law was passed in Spain, attracting a lot of public attention. This law means that all parties must explicitly consent to sexual acts. In addition, sexual assault will be considered rape even if the victim does not fight back. With the new law, Spain's Minister of Equality Irene Montero hopes to bring about a change in the sexual culture of the bullfighting country.
The "Only yes means yes" act provides more comprehensive protection for women
However, this law also met with mixed opinions. The Spanish newspaper ABC argued: "The law establishes the presumption of male guilt 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 has never existed in our legal system and contradicts the most basic legal principles."
The initiative for the law was prompted by a scandal six years ago in Spain, where public outrage over a gang rape at the San Fermin bull running festival in Pamplona, in Spain's Basque Country.
The five defendants in the case were convicted of sexual abuse but not rape, as the victim allegedly did not object to the act. The sentences prompted widespread protests across the country, with many calling for Spain to join dozens of other European countries in defining rape as sexual intercourse without consent, according to a 2020 analysis by Amnesty International.
Wave of protests in Spain in 2016
At the time, under Spain's criminal code, rape had to involve violence and intimidation. This led to loud protests across the country demanding reform. Spain's Supreme Court later sentenced the five men to 15 years in prison each for rape.
Previously, rape cases were based on evidence of violence, threats or resistance to determine whether criminal sexual conduct had occurred.
According to the Associated Press, the "Only yes means yes" bill defines consent as a clear expression of consent to sex and that silence or passivity does not equate to consent. The bill also defines rape as sex without explicit consent. Non-consensual sex could be considered assault and carry a prison sentence of up to 15 years.
For Vietnamese tourists who travel to Spain and commit crimes, Spanish authorities may transfer criminal prosecution to Vietnamese judicial agencies when they deem that Vietnam has more favorable conditions to conduct investigation, prosecution and trial of crimes.
