Not only is the debate about sexual assault and consent not new for Spain. In fact, it has the first law that points out that only a yes endorses a sexual relationship and differentiates it from a rape. Citizens themselves, especially women, requested this in multiple demonstrations because it was found that many sexual assaults went unpunished because the law required the victim to demonstrate that he had clearly objected (physically). The argument that a victim was paralyzed by fear was not valid. Until the law of only yes is yes arrived.
And now we are getting closer to this rule being extended to the whole of Europe in the future directive against gender-based violence that Brussels promoted last year. A few days ago, the European Parliament endorsed the report prepared by the parliamentary committees on Civil Liberties and Women’s Rights, which includes a definition of violation based on the absence of consent.
According to sources in the Eurochamber, MEPs intend to add fear and intimidation to the list of factors that prevent free decision-making. “Consent must be assessed taking into account the specific circumstances”, say the MEPs, and propose complementary criminal rules on sexual assault (that is, any non-consensual sexual act that cannot be defined as rape).
Frances Fitzgerald, MEP leader of the Women’s Rights and Gender Equality committee, defends that “non-consensual sexual relations, that is, rape, must be included in any directive on violence against women. As rates of violence against women continue to rise post-covid, it would be incomprehensible to women if governments decided that rape cannot be included in legislation to combat this horrific phenomenon. Parliament will defend women’s rights to be safe anywhere in Europe: we call on member states to do the same.”
Evin Incir, MEP leader of the Civil Liberties, Justice and Home Affairs committee, spoke in the same vein: “With this historic directive, we unleash a powerful force for change. Women’s bodies are not at stake and we refuse to tolerate any violation of their autonomy and dignity. It’s time to move from words to action in defense of women and girls across the EU.”
And he stated that “member states must know that there cannot be a directive without paragraphs on consent. Only a yes is a yes!”
The report endorsed by the European Parliament also addresses forms of online violence and harassment. MEPs are demanding an expanded definition of “intimate material” that cannot be shared without consent, to include nude images or videos that are not of a sexual nature.
The disclosure of personal data in this context without consent must be sanctioned and the economic damage must be taken into account. Sending unsolicited material showing genitals should be classified as cyberbullying, MEPs add.
They are also calling for EU legislation on intersex genital mutilation, forced sterilization, forced marriage and sexual harassment at work.
