The Organic Law on the Comprehensive Guarantee of Sexual Freedom was passed by Congress until it was approved by the Senate. The criminal code distinguished between assault or sexual act involving violence or intimidation, and abuse when there is no consent but without violence or intimidation. Along with the reform, in the new article 178, it is stated that “any person who commits any act that violates the sexual freedom of another without their consent is guilty of sexual assault (it would be more accurate to say responsible)” and is punished with this penalty. Imprisonment from 1 to 4 years. He then says that “consent is not available when the victim does not freely express, through external actions, his clear will to participate in the action, precisely and clearly according to concurrent circumstances.” It’s an inappropriate way to refer to the requirements of consent because it makes it a double negative. However, aside from this inaccuracy, it has been criticized that it means reversing the burden of proof, which is prohibited in criminal law due to the accusatory principle that the accuser is obliged to prove. However, there is no such investment in reality, because the victim has to prove before the judge that he did not give his consent. Nor does it exclude tacit consent in these intimate acts, where in most cases the sexual act is not explicitly requested and answered, but derived from definite and overt external acts (sleeping together, undressing). The equality minister’s statement “Brother I believe you” is inappropriate, which breaks the presumption of innocence and it is illegal to assume the other opposite of “Brother I do not believe you”. Also, sexual assault or rape can be from a woman or from a man.
