Spain: Sexual offenses law is being changed again

Protests in May 2018 following a mass rape in Pamplona, ​​Spain Bild: AFP

The “Only yes means yes” law was intended to improve sexual offenses in Spain – and ultimately benefited numerous sex offenders. However, the revision that has now been decided is causing a major dispute in the coalition.

Ironically, on the eve of International Women’s Day, the feminist competition turned into one of the darkest days for the left-wing minority government in Madrid. Traditionally, Spain celebrates March 8th with large rallies and demonstrations. But this Wednesday, the two camps will march separately. The Socialists and their junior partner Podemos have fallen out over the reform of the new sex criminal law.

Instead of better protecting women, a technical error had led to the prison sentences of more than 720 sex offenders being retrospectively reduced and more than 74 being released early since last October. The Socialists want to close this legal loophole as quickly as possible. Equal Opportunities Minister Irene Montero (Podemos) is interfering with her parade law (“Only a yes is a yes”), but too far. Podemos speaks outraged of “betrayal of feminism”.

Since taking office in June 2018, Socialist Prime Minister Pedro Sánchez has been working to establish himself as Spain’s leading feminist. But Equal Opportunities Minister Montero wants to overtake the Socialists ever since her left-wing Podemos party joined the minority government three years ago. In the super election year, with local and twelve regional elections in May and parliamentary elections at the end of the year, the left is fighting for the votes of women voters. Without them, the PSOE and Podemos have no chance once morest the conservative PP, which according to polls is the strongest party.

Cabinet approves draft parity law

How deep the rifts are between the champions of women’s rights might be observed on Tuesday first in the cabinet and then in parliament. At noon, the Council of Ministers passed a draft law intended to ensure more parity. It was a Socialist initiative with which Minister for Equal Opportunities Montero had nothing to do. Women make up half of society, which is why they are entitled to “half of the political and economic power,” demands Pedro Sánchez. The law stipulates that 40 percent of the management of listed companies with more than 250 employees and annual sales of at least 50 million euros must be made up of women. In addition, half of the electoral lists of the parties should be women and half men.

Sánchez is proud of the government with the most women ministers – eleven ministers next to eight – in the history of Spanish democracy. He also has three deputies. The proportion of women in Parliament is 42 percent. However, only four women head the 19 autonomous regions and cities. Women make up a third of the management positions in Spanish companies and there are only two prominent exceptions at the top with the two prominent female directors of the Santander Bank and the textile group Inditex (“Zara”). At nine percent, the difference in average gross earnings between women and men in Spain is only half as high as in Germany.

Sexual offenses law is being revised

Critics object that Sánchez is only bringing forward the women’s quota to 2024 that the EU has decided for 2026. The proposal is not enough for the Minister for Equal Opportunities because it does too little to combat the structural disadvantages of women. The opposition PP accused Sánchez of a diversionary maneuver: the parity law was a “reach into the propaganda box and a smoke screen” with which the government wanted to distract from the unsuccessful sex criminal law. However, the conservative opposition is prepared to help the head of government with his reform.

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Even during the followingnoon debate on the socialist correction proposal, a majority in the Spanish parliament emerged that was seldom seen in this legislative period. Podemos kept his word and ultimately voted with several smaller parties once morest the socialist justice minister’s draft. The right-wing Sánchez came to the rescue: PP and Ciudadanos voted in favor, the right-wing populist Vox party abstained. In the end, 231 MPs voted to correct the law, which is now being revised without the Equal Opportunities Minister.

For Irene Montero this is a throwback to the old days. For them, the only thing that matters is a clear “yes” to sexual contact, everything else is rape. She is punished more severely in the previous law, while the penalties for some other sexual offenses have been reduced. Now the Socialists, together with their new partners, are increasing the punishment for violence or intimidation. Montero has nothing once morest harsher penalties, but she doesn’t want the core of her law to be watered down and the burden of proof to go back to the victims. Because of its equality policy, the left-wing government in Europe belongs to the avant-garde, and in Madrid the two partners in Spain’s first coalition are becoming less and less connected. Even Podemos admit that the image they paint on Women’s Day is “devastating”.

What: FAZ