Spain’s controversial consent law reduces sentences for 721 sex offenders and 74 get early release

SPAIN’s legal watchdog has revealed the first official number of sex offenders who have benefited from the government’s controversial ‘only yes means yes’ consent law. Since it came into force in October, 721 convicted have seen their sentences reducedwhile 74 have been released early.

According to the CGPJ, the Supreme Court has reduced 10 sentences for sexual offenders provided for in the law, while the autonomous Superior Courts have done the same with another 37 cases and have granted early release to a convicted person.

Most of the reductions in sentences, however, have occurred in provincial courts, with 674 in total and 73 early releases.

The ‘Law for the Full Guarantee of Sexual Freedom’, to give the law its full name, was drafted by the Ministry of Equality. The ministry is run by the leftist United We Can, the junior partner in Spain’s coalition government.

The legislation was created in the wake of the infamous case of rape at the 2016 Bullfight party in Pamplona. According to the new law, consent must be given and it cannot be assumed that it has been given by omission or silence. The legislation also eliminates the distinction between sexual abuse and sexual assault, that is, rape, by making consent the deciding factor.

However, after it went into effect in early October, it emerged that convicted sex offenders could use the legislation to reduce their sentences in some cases, or even secure early release.

This is due to an apparently unforeseen legal vacuum, given the changes in the definition of crimes and their minimum and maximum prison sentences.

Minimum sentences have generally been lowered in the absence of aggravating circumstances. Under Spanish law, a minimum sentence can be applied retroactively. This explains the spate of requests from convicted sex offenders to have their sentences reviewed.

‘Sexist judges’

Unidas Podemos has insisted that there is nothing wrong with the law, and the Minister of Equality, Irene Montero, has come to blame “sexist” judges for misapplying it.

The coalition’s main partner, the Socialist Party (PSOE), has been more cautious. Prime Minister Pedro Sánchez initially defended it, but due to growing outrage among the public over the unintended consequences of the change, the government promised to change it at the end of January.

The issue has caused tensions between the coalition partners and has also given the opposition ammunition to attack the Government, in a year in which there will be local and regional elections in May, and general elections around December.

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