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What it is

Bill to protect sexual freedom and end sexual violence

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 2 October 2018. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill on the Comprehensive Protection of Sexual Freedom and for the eradication of sexual violence.

Source: Congreso de los Diputados, file 122/000279· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would make any non-consensual sexual conduct a crime of sexual aggression, removing the current distinction between sexual aggression and sexual abuse. It would also create a crime of collective sexual aggression and punish street sexual harassment as a minor crime.
  2. The bill would recognize everyone's right to sexual freedom, understood as the right to decide about one's own sexuality, and define sexual violence as any non-consensual sexual act, in any setting.
  3. The bill would set up prevention and awareness plans in many areas: education, advertising, media, health care, work, the digital world and the military. Companies that prevent sexual harassment could receive a label and be exempt from liability if they meet certain conditions.
  4. The bill would give victims rights to information, comprehensive social assistance, free legal aid and financial support. A report from social or health services would be enough to access them, with no need to go to court.
  5. The bill would give victims labor rights: reducing or reorganizing their work hours, changing workplaces, suspending their contract with the right to return, or ending it, and justifying absences caused by the violence suffered.
  6. The bill would guarantee victims' rights even if they are in an irregular administrative situation: they would not face sanction proceedings for being in Spain irregularly and could obtain residence and work authorization.
  7. The bill would protect victims during the criminal process: avoiding eye contact with the aggressor, recording their statement so they do not repeat it at trial, banning irrelevant questions about their private life and protecting their personal data.
  8. The bill would extend the jurisdiction of the courts on violence against women to sexual violence cases and create specialized courts and chambers. The Government would also have to evaluate the law after three years and collect detailed statistical data.

Who it affects

  • Women victims of sexual violence: They would have rights to information, assistance, a free lawyer, financial aid, housing and labor rights.
  • Workers: Companies would have to prevent sexual harassment, and victims could adjust their hours, change jobs or leave work with protection.
  • Migrant women in an irregular situation: They would not be sanctioned for their administrative status and could get residence and work permits.
  • Female public employees: They would have rights to reduced hours, transfer and leave due to sexual violence.
  • Minors under 16: Sexual conduct against them would carry harsher penalties.

Words worth knowing

Agresión sexual (sexual aggression)
Under this bill, any act that violates a person's sexual freedom without their consent.
Revictimización (revictimization)
The extra harm a victim suffers when going through situations similar to the aggression again, such as testifying several times during the process.
Discriminación múltiple (multiple discrimination)
When a person faces discrimination for several reasons at once, such as sex, ethnic origin, disability or administrative status.
Asistencia jurídica gratuita (free legal aid)
Having a lawyer and court representative paid for by the State when you cannot afford the costs.
Excedencia (unpaid leave)
A situation where a worker temporarily stops working while keeping certain rights, with the possibility of returning to the job.

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. Introduced2 October 2018Someone registers the text in the Congreso.
  2. Admitted9 October 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 8 official steps on a timeline
Oct 2018Nov 2018Dec 2018Jan 2019Feb 201911. 2 October 2018: Presentación22. 9 October 2018: Boletín Oficial de las Cortes Generales Publicación desde 09/10/2018 hasta 15/10/201833. 9 October 2018: Calificación44. 15 October 2018: Gobierno Contestación desde 15/10/2018 hasta 17/10/201855. 17 October 2018: Pleno Toma en consideración desde 17/10/2018 hasta 26/02/201966. 26 February 2019: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 26/02/2019 hasta 04/03/201977. 4 March 2019: Comisión de Justicia Publicación desde 04/03/2019 hasta 05/03/2019 Nota: Ante la próxima disolución de la Cámara no se procede a la correspondiente publicación en el Boletín Oficial de las Cortes Generales.88. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

26 February 2019

How did the plenary vote?

More votes in favour 175 yes · 0 no · 166 abst.

Voted on: Private Member's Bill from the Confederal Parliamentary Group of Unidos Podemos-En Comú Podem-En Marea, on Comprehensive Protection of Sexual Freedom and the eradication of sexual violence.

Source: Congreso de los Diputados, vote 2 of sitting 174· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-em and GER. 3 deputies voted differently from their group.

By province: in 14 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 14
  • Against: 0
  • Abstained: 22
  • Tie: 16
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
84 in favour
Vasco (EAJ-PNV)5
4 in favour · 1 did not vote
Mixto19
13 in favour · 3 abst. · 3 did not vote
Ciudadanos32
32 abst.
Gcup-ec-em67
66 in favour · 1 did not vote
GER9
8 in favour · 1 did not vote
Popular en el Congreso134
131 abst. · 3 did not vote

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.