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SPANISH LAW

‘Only yes means yes’: Spain edges closer to passing new sexual consent law

Spain’s Senate on Tuesday backed a bill toughening the country's rape laws by requiring explicit consent for sex acts, a reform the government promised following a gang rape that sparked widespread outrage.

SPAIN-CRIME-RAPE-TRIAL-DEMO
Demonstrators hold a sign reading "No means no" during a protest in 2018 against the acquittal of five men accused of gang raping an 18-year-old woman.The judge’s ruling, which interpreted the victim’s silent as consent, highlighted how under Spain's criminal code rape had to involve violence or intimidation, which in turn led to huge protests across the country to demand reform.(Photo by ANDER GILLENEA / AFP) involve violence or intimidation, led to huge protests across the country to demand reform.(Photo by ANDER GILLENEA / AFP)

It calls for Spain’s criminal code to be reformed to define rape as sex without clear consent. Crucially, that removes the need for rape victims to prove that they resisted or were subject to violence or intimidation.

“Consent is recognised only when a person has freely demonstrated it through actions which, in the context of the circumstances of the case, clearly express the person’s will,” says the bill.

The proposed reform comes after of a notorious 2016 gang rape of an 18-year-old woman by five men at the bull-running festival in Pamplona, northern Spain.

The men — who called themselves the “wolf pack” – were initially convicted of “sexual abuse” and not rape. That lesser offence will disappear from the criminal code if the bill becomes law.

Two of the men filmed the assault, during which the woman is shown silent and passive — a fact the judges interpreted as consent.

That ruling, which highlighted how under Spain’s criminal code rape had to involve violence or intimidation, led to huge protests across the country to demand reform.

In 2019, the Supreme Court overturned the verdict, convicting all five of rape and increasing their sentences from nine years to 15 years each.

Socialist Prime Minister Pedro Sánchez — a self-described feminist — vowed to introduce a law on consent aimed at removing ambiguity in rape cases when he took office in June 2018.

“We don’t want any more ‘wolf packs’, neither for us, nor for our daughters,” Donelia Roldan Martinez, a senator with the Socialist party, told the Senate before it approved the bill.

The lower house of parliament adopted the text in a first reading in May.

But the bill — dubbed the “Only yes is yes” law — still has to go back to Spain’s lower house of parliament after the Senate unexpectedly backed an amendment.

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CRIME

Spanish court shelves Shakira tax fraud case

A court in Spain said Thursday it has shelved a probe into another alleged tax fraud by Colombian pop star Shakira, putting an end to her legal woes in the country where she once lived.

Spanish court shelves Shakira tax fraud case

Prosecutors had opened the case in July, accusing her of using a network of companies, some of them based in tax havens, to cheat the tax office out of €6.6 million ($7.09 million) in 2018, including interest and adjustments. A month later, the so-called Queen of Latin Pop paid €6.6 million to settle the debt.

But on Wednesday prosecutors recommended that the probe be dropped due to “insufficient evidence” and the court investigating the case agreed.

While the court said the “Hips Don’t Lie” singer had committed “irregularities” in her 2018 tax return, it added that “irregularities are not enough to constitute a (criminal) offence against the tax authorities”.

It added that Shakira did not have “the intent to defraud the tax authorities”.

In a separate case, Shakira in November struck a last-minute settlement with prosecutors on the opening day of her trial over a separate tax fraud charge involving income she earned between 2012 and 2014.

In that case prosecutors had sought a jail sentence of over eight years for the singer. They accused her of defrauding the tax authorities of €14.5 million in a case that centred on how much time she was living in Spain.

Shakira denied the charges, saying she only moved to Spain full time in 2015.

By the time the case came to trial, she had already paid €17.45 million to settle her outstanding tax debt, prosecutors said at the time.

‘Emotional toll’

On the day it opened, that trial — which had been due to run for three weeks and hear from some 120 witnesses — was quickly concluded after she agreed to pay a fine of nearly 7.8 million euros.

At the time she explained she had settled “with the best interest of my kids at heart” because she needed “to move past the stress and emotional toll of the last several years” and focus on her career.

Shakira, 47, now lives in Miami with her two sons after splitting from Barcelona star defender Gerard Pique.

He was himself convicted of tax fraud in 2016 and ordered to pay €2.1 million in fines and arrears. Spain’s Supreme Court in 2021 annulled his conviction.

Last year, Shakira’s superstar Argentine producer Bizarrap won the Latin Grammy for song of the year with a track taking a swipe at Pique — who has since retired from football — in which she accuses him of leaving her with a “debt to the tax office”.

“People on my team tried to convince me to change the lyrics, but I’m not a UN diplomat. I am an artist and, above all, a woman,” Shakira told Spanish celebrity magazine ¡Hola!

Spain has in recent years cracked down on celebrities, including football stars such as Argentina’s Lionel Messi and Portugal’s Cristiano Ronaldo, for unpaid taxes.

Both players were found guilty of evasion and received prison sentences that were waived for first-time offenders.

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