The Ministry of Equality is reluctant to change the essence of the 'only yes is yes' law, a request for modification that bears the stamp of Pedro Sánchez, and proposes a Plan of specialization measures in justice and the protection and improvement of care for victims of sexual violence. Moncloa and the ministries headed by the PSOE have rejected the proposal of the Ministry headed by Irene Montero and have already defined a legislative change. The Ministry of Justice is proposing to recover the sentences prior to the reform to preserve the most serious sentences for rapists.
The differences between the coalition partners are therefore profound. Equality reiterates that the dysfunctions derived from the Law on the Guarantee of Sexual Freedom arise from an "incorrect application" by the justice system, for which reason it is directly opposed to a reform of the law that could return to the penalties that previously existed. From this ministry and also as expressed by the spokesperson for Podemos, Isa Serra, it is understood that recovering the previous sentences would mean questioning the central nucleus of the law, based on consent. For Podemos, the Ministry of Justice is acting under pressure from conservative sectors that see in the new norm an advance in the sexual rights of women.
But from the Presidency of the Government and from the department of Pilar Llop, the need and determination to proceed with a legislative modification has been underlined, which, in the words of Minister Félix Bolaños, must serve to alleviate "the undesired effects" that have occurred, preserving the central nucleus of "consent".
As Cadena Ser has advanced, Justice proposes returning to sentences of between 1 and 5 years when there is violence, intimidation or the will of the victim has been annulled. The sentences would range between 6 and 12 years when, also attending to these cases, there is penetration in the sexual assault. Regarding aggravated cases, it is proposed to recover the sentences between 5 and 10 years when there has been no penetration, and 12 to 15 when there is. A sentence also applicable when the victim is a minor.
Bolaños explained that the objective is for the "government as a whole to be aware that we want to correct it with all the rigor at the hands of the experts, professors and magistrates". And he has insisted on the need to preserve the central core of consent since it cannot be allowed that in trials "women are asked if they resisted enough."
The Ministry of Montero, and as Podemos has transferred, considers that it has already been discussed with the coalition partners that it is useless to change the norm and that what it is about is protecting women against the "incorrect application that some few judges" are making the law. Isa Serra has insisted that solutions must be sought before judges who do not respect transitory law.
For this reason, Equality has proposed a plan of ten measures, which they consider to be "urgent" to apply, among which, doubling the exclusive courts for violence against women, expanding their powers to crimes against sexual freedom. According to Equality sources, they also plan to strengthen the Violence against Women Prosecutor's Office and also expand its powers. In addition, they include in the Plan the "reinforcement of comprehensive forensic assessment units".
At the same time, they are committed to the "protection" of the victims, including them in the Telephone Assistance and Protection Service for victims of gender violence (ATENPRO) and implementing the granting of aid. In addition, they propose the creation of a psychological and psychiatric care service specialized in sexual violence integrated into the national health system. In the plan of measures they also make explicit the fact of guaranteeing free care.
Equality calls for the reinforcement of care services, through purple points in public facilities, and to increase the number of Interior agents dedicated exclusively to the protection of women who suffer sexist violence. Finally, they consider essential the "specialized training in violence against women" in all the personnel of the departments of Justice, Interior, Education and Health.
After learning of Equality's refusal to address a reform, there have been several PSOE ministers who have come out in defense of modifying the law to avoid the "unwanted effects" that have occurred, with reductions in sentences by applying the most favorable sentence to the prisoner Bolaños has indicated that there is still no date to propose the reform. And Podemos has avoided advancing what would happen if it reached Congress without a consensus among the government partners.
