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What it is

Bill to raise sexual assault penalties back to prior levels

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 16 December 2022. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill amending Organic Law 10/1995, of 23 November, the Penal Code, regarding sexual assault offenses (Organic).

Follow this law

Source: Congreso de los Diputados, file 122/000282· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill responds to the 'only yes means yes' law, which the text says lowered penalties for many sex crimes and led to sentence reviews and releases. It seeks to return to the penalties in force before that reform.
  2. It renames the Criminal Code title covering these crimes so it again mentions the sexual indemnity of minors, which the 2022 law had removed.
  3. It raises penalties for sexual assault and rape to the levels before the 2022 reform: rape would go from four to twelve years up to six to twelve, and with violence or intimidation, from one to four up to one to five years. It also removes the option to reduce the sentence when the victim is a child.
  4. It creates a new crime punishing sexual acts with 16- and 17-year-olds carried out through deceit or abuse of trust, authority or influence, with one to three years in prison. If there is carnal access, the penalty would be two to six years.
  5. It restores punishment of sexual acts with minors under 16, with two to six years in prison, and higher penalties when there is violence, carnal access or other aggravating circumstances.
  6. It amends the law on criminal responsibility of minors so that minors who commit sexual assaults receive measures proportional to adult penalties.

Who it affects

  • People convicted or chargeable with sexual assault, who could face longer sentences if the bill passes.: Higher penalties and less chance of reduction.
  • Minors under 16, who regain criminal protection against sexual acts.: Greater protection.
  • 16- and 17-year-olds, against adults using deceit or abuse of trust or authority.: New criminal protection.
  • Minors who commit sexual assaults.: Measures adjusted for proportionality with adult penalties.

Words worth knowing

Indemnidad sexual (sexual indemnity)
The right of every person, especially a minor, not to suffer harm from sexual conduct, even if they consent.
Proposición de ley (bill)
A text introduced by members of Congress to become law; it is not yet approved.
Ley orgánica (organic law)
A type of Spanish law reserved for major matters such as fundamental rights; it requires a special majority in Congress.

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. Introduced16 December 2022Someone registers the text in the Congreso.
  2. Admitted20 December 2022The 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 2022Mar 202311. 16 December 2022: Presentación22. 20 December 2022: Boletín Oficial de las Cortes Generales Publicación desde 20/12/2022 hasta 23/12/202233. 20 December 2022: Calificación44. 23 December 2022: Gobierno Contestación desde 23/12/2022 hasta 03/03/202355. 3 March 2023: Pleno Toma en consideración desde 03/03/2023 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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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