• The CGPJ criticizes the Law of 'only if it is yes' and warns that it will not prevent secondary victimization

  • Mandatory report. The Fiscal Council endorses the "only yes is yes" of the Montero Law of the Minister of Equality

The General Council of the Judiciary (CGPJ) has unanimously approved this Thursday the report on the Law of Sexual Freedom, also known as the Montero Law, where it openly criticizes the definition of consent or the absorption of the crime of sexual abuse in that of aggression, as reported by legal sources to EL MUNDO.

The Plenary, by 21 votes, that is, unanimously by its members, has approved the mandatory but non-binding report where the main points of Minister Montero's star project are questioned.

In the aforementioned document, the members warn that in matters of crimes against sexual freedom, the current Penal Code is already based on the idea of ​​consent, although it does not include a definition of the concept, and considers any act of a sexual nature carried out without consent as punishable. Free consent of the taxpayer, whether in the form of aggression or sexual abuse, either because there is no such consent or because it is a tainted consent.

In this sense, they consider unnecessary the definition that the draft introduces in article 177.1 of the Penal Code, according to which "it will be understood that there is no consent when the victim has not freely manifested through external, conclusive and unequivocal acts according to the concurrent circumstances his express will to participate in the act ".

The vowel Pilar Sepúlveda has announced a partial vote on the creation of specialized bodies, report sources from the Plenary.

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Know more

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  • Irene Montero

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