The UN rapporteur on violence against women: the law of 'only yes is yes' has had "unfortunate consequences"

The so-called law of only yes is yes in Spain has had “unfortunate consequences”, such as the reduction of sentences for sexual offenders that could have been avoided “giving more time to the consultations of the bill instead of rushing to approve it”, said this Tuesday the UN rapporteur on violence against women.

As the rapporteur Reem Alsalem said in a statement, the officially named Organic Law of Comprehensive Guarantee of Sexual Freedom could have avoided these consequences “if more attention had been given to the voices concerned.”

Alsalem gave the example of civil society organizations, politicians and judges from the General Council of the Judiciary (CGPJ) who expressed various objections to the bill before its approval last year.

The United Nations rapporteur recalled that this law has had the involuntary effect (according to figures from the CGPJ itself) the reduction of sentences of 943 of the 4,000 perpetrators of sexual violence who were serving prison.

“For a country with a high rate of femicide, reducing the sentences of those guilty of perpetrating acts of sexual violence against women and minors sends the wrong message about the priorities of the State when it comes to ending violence and fighting against violence. impunity for such crimes,” Alsalem said.

The rapporteur qualified that the law included important advances, such as the recognition of the rights of the victims or the guarantees of reparation, although she regretted that “the negative consequences have eclipsed many positive aspects.”

“Although there is no going back, it is now crucial that the Spanish government and its institutions monitor the real impact of the early release of perpetrators of violence on the lives of the victims, try to minimize re-victimization and guarantee their protection. “, he stressed.

law reform

The rapporteur pointed out in the statement that the law was revised on April 27 to restore the levels of punishment that existed in the Penal Code before its approval, and that the Prime Minister, Pedro Sánchez, publicly apologized to the victims for the unintended impact of new legislation.

Alsalem also expressed his concern that the law has not been accompanied by resources to guarantee its correct application, recalling that a large part of the victims of sexual violence in Spain do not receive any compensation.

The rapporteur, who this year also expressed her doubts about the so-called “trans law” in statements to the Spanish press, affirmed on the other hand that the use of non-consent as the burden of proof in the law of only yes is yes “loses meaning in many situations.”

“It can lead to the burden of proof falling on the victims and not the aggressors” in cases such as trafficking in women for the purposes of exploitation and abuse, prostitution or pornography, he said.

The expert also recommended that the law include a clearer description of the word “gender”, more in line with international human rights standards, and a better distinction in the law between the terms “sex” and “gender.”

This Wednesday, on Twitter, Alsalem has responded to criticism from users that his intervention has arrived late, pointing out that he did not want to interfere in the 28-M elections.

“The intervention came late, but better late than never. I did not want to pronounce myself before the regional elections,” he said.