Las controversias sobre la ley del "sí es sí" sobre violencia sexual

The Spanish Organic Law 10/2022 enacted on 6th September, of integral guarantee of the sexual freedom (the law about "yes means yes") attempts to include the gender perspective in the legal response to sexual violence. This law was enacted after the reaction and social debate that provoked the gang rape of the Manada case in 2016 and the first sentences that condemned them for sexual abuse instead of rape in 2018. The Law "Yes means yes" aims to protect the fundamental rights of the victims of sexual violence and to guarantee an integral reparation of these victims. Measures such as the shift in the legal approach to sexual consent, the elimination of the sexual abuse, the broad definition of sexual violence, tools to avoid revictimization and other obligations under the Istanbul Convention have been overshadowed by the controversy on how to interpretate the principle of retroactivity of the favorable laws for the sentenced person.