November 29, 2020

The ‘yes is yes’ law will penalize owners of brothels with imprisonment from 1 to three years

Concentration in front of the Supreme Court after hearing the La Manada sentence.

Concentration in front of the Supreme Court after hearing the La Manada sentence.
David castro

The organic law for the comprehensive guarantee of sexual freedom, known as ‘law yes is yes’, will recover the penalties for the owners of the brothels that he PSOE It decriminalized in 1995 and that caused that in Spain the places of hostess multiplied. The current Executive considers that the time has come to punish pimping in all its forms, so the draft amends the Penal Code to introduce a new article that punishes with a prison sentence of 1 to 3 years to the owners of properties that favor the exploitation of women, even with their consent.

In addition, the conviction may imply the closure of these premises, in a precautionary or definitive way. And with the funds seized from the lucrative pimp industry, which the Prosecutor estimates at five million euros a day, the new law will create a fund for the recovery of victims of violations with special consequences or trafficking for exploitation purposes. sexual.

The toughening of the fight against forced prostitution is one of the novelties introduced in the draft thanks to the more than 70 allegations presented by various civil entities and public administrations. The text has been sent this month to the General Council of the Judiciary (CGPJ), the Economic Council and the Fiscal Council, with a view to completing its processing as a preliminary draft and passing to the Cortes around the beginning of next year, according to sources of the Ministry of Justice.

After the sentence of ‘The herd’

The law has been conceived as a response to the social rejection that caused the first sentence against ‘La herda’, so following the cry in the streets of ‘yes is yes’ ends the distinction between abuse and rape and introduces a unique type of sexual assault to penalize any act that violates sexual freedom without the consent of the other person. In addition, following the mandate of the Istanbul Convention, it establishes that sexist violence goes beyond the sphere of couples or ex-partners and that sexual freedom is a protected asset.

The law considers sexual violence aggressions of this nature, sexual harassment, exploitation of the prostitution of others, female genital mutilation, forced marriage, trafficking, digital sexual violence, non-consensual pornography and sexual extortion. Although, according to sources from the Ministry of Equality, forced sterilizations, forced abortion or reproductive exploitation or surrogacy are left out, with the intention of regulating all these aspects in the future reform of the abortion law.

Prevention and repair

The regulation seeks to create the same prevention, reparation and specialization paradigm that the law against gender violence but in the field of sexual violence. To do this, it raises the creation of “crisis centers“, interdisciplinary public services of attention to the victims of violations, open 24 hours a day and at least one per province.

Likewise, it proposes to implement in Spain the Anglo-Saxon ‘Children’s House’ or Scandinavian ‘Barnahus’ model, for comprehensive care for child victims of these crimes, with the aim of avoiding double re-victimization in reporting the events. In Catalonia there is already a center of this type created by the Government, in which all the operators who care for these children work under the same roof.


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