Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, introduces significant amendments to crimes against sexual freedom and integrity. This new law consolidates the criminal offenses of sexual abuse and sexual assault into a single offense and strengthens the concept of the victim’s consent with the following provision: “Consent shall only be understood to exist when it has been freely given through acts that, in light of the circumstances of the case, clearly express the person’s will.”

Consent and Victim Protection

Under this reform, the victim will not need to prove violence or intimidation for the act to be considered sexual assault. Any abuse committed by taking advantage of the perpetrator’s superiority or the victim’s diminished capacity to resist will be classified as sexual assault. The redefinition of consent aims to provide greater protection for the victim, recognizing only consent that is clearly and explicitly expressed.

Impact on Organic Law 3/2007 on the Effective Equality of Women and Men

Organic Law 10/2022 also amends Organic Law 3/2007, of March 22, on the effective equality of women and men, introducing new responsibilities for companies in preventing crimes and conduct against sexual freedom and moral integrity, particularly sexual harassment and harassment based on sex, including those committed in digital contexts.

Article 48: Specific Measures for Prevention in the Workplace

1. Promotion of Safe Working Conditions: Companies must create and promote working conditions that prevent crimes and conduct against sexual freedom and moral integrity. This includes the development of codes of good practice, information campaigns, and training programs, all negotiated with employee representatives.
2. Responsibility of Employee Representatives: Employee representatives must assist in preventing such crimes and conduct by raising awareness among employees and reporting any inappropriate behavior to company management.

Corporate Liability in Cases of Degrading Treatment and Harassment

Companies may be held liable for crimes involving degrading treatment, sexual harassment, and the forwarding of explicit content (sexting offenses) if, having been informed through existing reporting channels, they fail to take measures to prevent such behavior.

We Can Help

At Fukuro Legal, we have extensive experience in the application of the new regulations introduced by Organic Law 10/2022 and Organic Law 3/2007. If you require legal advice on how these changes may affect you, we are here to assist.

To receive immediate legal assistance, contact us. Our team of criminal law attorneys is ready to help you understand your rights and legal options under the new regulations.

‍