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What it is

Bill would let sex crime victims sue until age 30

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 17 November 2016. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill for the calculation of the statute of limitations for crimes against sexual freedom and integrity of minors when the victim turns 30 years old (Organic).

Source: Congreso de los Diputados, file 122/000046· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would change the Penal Code so that, for sex crimes against minors, the statute of limitations would start counting on the victim's 30th birthday, instead of age 18 as now. If the victim dies before then, it would count from the date of death.
  2. Under current law, these crimes expire after ten, fifteen or twenty years depending on whether it was abuse or sexual assault, and the clock starts when the victim turns 18.
  3. The authors argue that victims often take years to report, due to dependence on the abuser or psychological block, and by then the crime has expired. They rule out raising penalties or making these crimes never expire, but see extending the deadline as necessary.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People who suffered sexual abuse or assault as minors: They would have until age 30 to report, instead of losing the chance earlier.
  • People accused of these crimes: They could face criminal prosecution for a longer period.
  • Judges and courts: They would apply a new starting point for the statute of limitations in these cases.

Words worth knowing

Prescripción (statute of limitations)
If the time set by law passes after a crime, no one can be prosecuted or punished for it and the case is closed.
Libertad e indemnidad sexuales (sexual freedom and inviolability)
A person's right to decide about their own sexuality and not suffer sexual acts without consent, especially regarding minors.
Proposición de ley (bill)
A text introduced by members of Congress to become a law. It is not a law until it is passed.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced17 November 2016Someone registers the text in the Congreso.
  2. Admitted22 November 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2016Dec 2017Dec 201811. 17 November 2016: Presentación22. 22 November 2016: Boletín Oficial de las Cortes Generales Publicación desde 22/11/2016 hasta 25/11/201633. 22 November 2016: Calificación44. 25 November 2016: Gobierno Contestación desde 25/11/2016 hasta 06/02/201755. 6 February 2017: Pleno Toma en consideración desde 06/02/2017 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.