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What it is

Bill would classify any group sexual assault as sexual aggression

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 9 May 2018. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill to amend Article 178 of Organic Law 10/1995, of November 23, on the Penal Code (Organic).

Source: Congreso de los Diputados, file 122/000240· updated 11 Nov

Automatic summary, not yet reviewed

  1. The proposal, filed by the Mixed Parliamentary Group at the request of two lawmakers from UPN, seeks to change Article 178 of the Criminal Code.
  2. The bill would provide that, when a sexual attack is committed by two or more people, intimidation is always understood to exist, even without violence.
  3. These acts would then always be tried as sexual aggression (one to five years in prison) and not as abuse, which carries a lighter penalty.
  4. The sponsors argue that a group attack causes greater fear and helplessness for the victim, something the current legal text does not cover.

Who it affects

  • Victims of group sexual assaults: Would see stronger legal protection against sexual attacks committed by several people.
  • People who commit sexual attacks in groups: Could be convicted of sexual aggression instead of abuse, with harsher penalties.
  • Judges and courts: Would have a clearer and more predictable standard for classifying these crimes.

Words worth knowing

Proposición de ley
A bill filed by a group of members of Congress so it can become law. It is not approved yet.
Intimidación
Intimidation: frightening someone so they cannot resist.
Código Penal
Criminal Code: the law listing crimes and the penalties for each one.

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. Introduced9 May 2018Someone registers the text in the Congreso.
  2. Admitted17 May 2018The 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 7 official steps on a timeline
Jun 2018Sept 2018Dec 201811. 9 May 2018: Presentación22. 17 May 2018: Mesa del Congreso Requerimiento de antecedentes desde 17/05/2018 hasta 22/05/201833. 17 May 2018: Boletín Oficial de las Cortes Generales Publicación desde 17/05/2018 hasta 21/05/201844. 17 May 2018: Calificación55. 21 May 2018: Gobierno Contestación desde 21/05/2018 hasta 15/06/201866. 15 June 2018: Pleno Toma en consideración desde 15/06/2018 hasta 05/03/201977. 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.