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What it is

Bill to toughen penalties for sexual assaults without consent

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 11 December 2018. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's organic bill to amend Organic Law 10/1995, of 23 November, the Penal Code, regarding crimes against sexual freedom.

Follow this law

Source: Congreso de los Diputados, file 122/000312· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would add two new cases to the crime of sexual assault: nullifying the victim's will through the joint action of two or more people, or through drugs or other substances. These cases would carry one to five years in prison.
  2. If sexual intercourse occurs in those same cases, it would count as rape, with six to twelve years in prison, the same as when violence or intimidation is used.
  3. The aggravating factor for group attacks would be reworded: it would apply when the acts are carried out jointly by a group of three or more people, to avoid punishing the same act twice.
  4. The crimes of sexual abuse and of sexual abuse and assault of minors under sixteen would also be adjusted, to align them with the new definition of sexual assault.

Who it affects

  • Victims of sexual assault, especially women and children: They would receive greater criminal protection, especially when their will was nullified by substances or by several people acting together.
  • Perpetrators of group sexual assaults or drug-facilitated assaults: They could be convicted of sexual assault or rape, with harsher prison sentences.
  • Minors under sixteen: Criminal protection against sexual abuse and assault of minors would be kept and adjusted.

Words worth knowing

Sumisión química (drug-facilitated sexual assault)
Nullifying a person's will by giving them drugs or other substances without their knowledge.
Agravante (aggravating factor)
A circumstance that makes a crime more serious and increases the penalty.
Acceso carnal (sexual intercourse)
Vaginal, anal or oral penetration, as defined in the text itself.
Indemnidad sexual (sexual indemnity)
Protection of minors and people with disabilities from sexual conduct, even if they cannot consent.
Proposición de Ley Orgánica (Organic Bill)
A text proposing to change a law, introduced in Congress but not yet 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. Introduced11 December 2018Someone registers the text in the Congreso.
  2. Admitted18 December 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 6 official steps on a timeline
Dec 2018Jan 2019Feb 201911. 11 December 2018: Presentación22. 18 December 2018: Boletín Oficial de las Cortes Generales Publicación desde 18/12/2018 hasta 21/12/201833. 18 December 2018: Calificación44. 21 December 2018: Gobierno Contestación desde 21/12/2018 hasta 02/03/201955. 2 March 2019: Pleno Toma en consideración desde 02/03/2019 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.

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