Sexual freedom is a fundamental human right that, unfortunately, has not existed for very long and implies the ability of individuals to express their identity, sexual orientation, and consent without discrimination or coercion.
When we bring this right into the workplace, promoting a culture of respect toward sexual freedom is essential to foster diversity and inclusion, as well as to eliminate gender inequality in companies based on sex or gender. Modern companies must recognize the importance of creating spaces where employees feel safe and respected, regardless of their sexual orientation, promoting freedom of being and expression at work and encouraging a corporate culture based on ethics.
Several studies over the past decades have shown that when employees feel safe, respected, and supported by their group, it also brings significant benefits in terms of productivity, creativity, and job satisfaction.
In this post, we will discuss the key points of the Organic Law on the Comprehensive Guarantee of Sexual Freedom and the relevance of its principles of equality and respect for companies.
Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, better known as the "Only Yes Means Yes" Law, places special emphasis on consent in sexual relations.
The origin of this legislation is linked to the case known as “La Manada”, which involved a gang rape during the San Fermín festival in Pamplona in 2016. Although the case was later reviewed and classified as sexual assault by the Supreme Court, the previous rulings issued by the Provincial Court in 2017 and the High Court of Justice of Navarra in 2018 initially classified the act as sexual abuse.
This ruling triggered a strong wave of protests across the country, leading to demonstrations and condemnation by various organizations. Thanks to public pressure, the judges reversed their decision, and the legislative body began to work on tightening penalties for sexual assaults and abuses.
This law eliminates the term “sexual abuse” and classifies all unlawful sexual acts as sexual assault, in order to punish equally anyone who violates another person’s sexual freedom without consent.
Thus, the “Only Yes Means Yes” Law is legislation that seeks to guarantee affirmative and explicit sexual consent in Spain. The main issue and controversy surrounding this law lie in the interpretation and application of affirmative consent in sexual encounters, especially in cases of sexual assault. The debate focuses on how affirmative consent is defined, proven, and judged — and whether the law provides adequate protection for victims in these cases. For example, by equating abuse with assault, rapes were downgraded to a crime of aggravated sexual abuse, with a sentence of between 6 and 12 years, without considering aggravating factors such as intimidation or violence. As a result, many offenders have had their sentences reduced — something that has angered the public and forced lawmakers to introduce a reform, which we’ll now explore.
To avoid this confusion, the reform of the “Only Yes Means Yes” Law establishes a main distinction between when sexual assault is committed with or without violence or intimidation.
Article 178 of this law and its sections outline the main differences from the original law, as follows:
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