Explainer
Spain's 'yes means yes' bill: What is it and why will it make the country a 'freer place for women'?
Words by ITV Digital Journalist Jocelyn Evans
Spain's parliament has voted to approve a bill that's been heralded as making the country a "freer place for women" after years of campaigning.
The proposed law, known as "only yes means yes", makes consent a determining factor in rape cases.
Was consent not the key factor in rape and sexual assault cases before?
No. Rape cases in Spain have instead relied on evidence of violence, resistance or intimidation to decide whether a criminal sexual act has occurred.
That's meant survivors have had to prove they were threatened with physical violence - beyond the sexual assault.
What does the new bill mean?
The bill, backed by Spain's parliament and awaiting sign off through the senate, defines consent as an explicit expression of a person’s will.
It, therefore, makes clear that silence or passivity do not equal consent.
Non-consensual sex can be considered aggression and subject to prison terms of up to 15 years.
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How has the change come about?
The legislation traces its roots to the outrage sparked by a gang-rape case during the San Fermin bull-running festival in Pamplona in 2016.
Five men, who referred to themselves as "the wolf pack", were initially found guilty of sexual abuse but not rape. It was ruled the victim wasn’t deemed to have objected to what was happening.
The sentences triggered widespread protests and anger across the country, and calls for Spain to update its laws to join the dozen other countries in Europe that define rape as sex without consent.
Spain's Supreme Court later overruled two lower courts and sentenced the five men to 15 years in prison on a rape conviction.
How has the proposed change in law been received?
The bill had long been championed by the Spain's left-wing coalition government, with only the conservative Popular Party and the far-right Vox party voting against it.
The change was heralded by Equality Minister Irene Montero.
"From today, Spain is a freer, safer country for all women," she told parliament.
"We’re going to swap violence for freedom, we’re going to swap fear for desire."
If you, or someone you know has been impacted by any of the details in this article. There are places you can turn to for help:
Voluntary organisations, such as Rape Crisis, Women's Aid, Victim Support, The Survivors Trust or Male Survivors Partnership.
24-hour freephone National Domestic Abuse Helpline, run by Refuge, on 0808 2000 247.
The Rape Crisis national freephone helpline on 0808 802 9999 (12 to 2.30pm and 7 to 9.30pm every day of the year).
A hospital accident and emergency (A&E) department. A doctor or practice nurse at your GP surgery.
A genitourinary medicine (GUM) or sexual health clinic, a contraceptive clinic, young people's service.
Call NHS 111 or get help from 111 online, the police, or dial 101. In an emergency, dial 999.