Supreme Court keeps lower sentences for many sexual assault perpetrators after new consent law

Spain's Supreme Court has kept the reduced sentences given by several lower courts which saw many perpetrators of sexual assault have their sentences cut down due to a loophole in the 'only yes is yes' sexual consent law. 

The court has rejected the prosecution's appeals which asked for sentences to be increased again after they had been previously lowered. 

Only in one case has the Supreme Court increased the penalty due to a calculation error by the provincial court. Thus, the Supreme Court endorses the reduction of penalties for offenders in the majority of cases.

Law change

In May 2022, Spain approved a new law on sexual freedom, commonly known as the "only yes is yes" law. 

The legislation set a new definition of sexual consent, as "consent will only be understood when it has been freely shown via acts that clearly show the desire of a person, depending on the case," the bill read. 

However, due to a loophole in the law, many people convicted of sexual assault had sentences lowered, prompting controversy and outrage. Across Spain, some 1,000 convictions have been lowered because of the loophole.

In April 2023, the Spanish Congress approved a new version of the 'only yes is yes' law, including harsher sentences for sexual assaults committed with violence or intimidation.

The changes were driven by a deal between the Socialists, the senior coalition partner in the Spanish government and the conservative People's Party (PP). For the new reform to succeed, the Socialists left behind their junior coalition partner, left-wing Unidas Podemos, who were the original leaders of the law and who were against these newly approved changes.