The Organic Law on the Comprehensive Guarantee of Sexual Freedom established a framework that the legislature ultimately approved through Congress and sanctioned by the Senate, addressing serious crimes related to sexual autonomy. The criminal code distinguishes between acts of sexual violence carried out with force or intimidation and acts of abuse where consent is absent but force or intimidation is not present. The reform introduced a new article that states that any person who commits an act that violates another person’s sexual freedom without their consent is guilty of sexual assault and subject to imprisonment ranging from one to four years. The law also clarifies that consent is not present if the victim does not freely and explicitly express their willingness to participate in the act, according to the surrounding circumstances. This phrasing has drawn criticism for potentially introducing ambiguity and for describing consent in a way that some observers view as a negative formulation. Critics argue that it could appear to shift some burden of proof away from the prosecution, which would conflict with the accusatory principle that the accuser must demonstrate the lack of consent. In practice, however, there is no actual reversal of the burden of proof; the accused must still be proven to have acted without consent, and the victim bears the responsibility to present their case before the judge. Moreover, the text does not exclude the possibility of tacit consent in intimate exchanges, where many sexual acts occur without an explicit on-record request, but are inferred from clear, overt external actions such as sharing a bed or undressing together. Statements by high-ranking officials calling a victim’s testimony into question are viewed as inappropriate, as they can undermine the presumption of innocence and may echo a harmful mindset that does not respect the principle that the accused is innocent until proven guilty. The law recognizes that sexual assault or rape can be committed by any person, regardless of gender, and applies to both men and women who violate another person’s sexual freedom without consent.
