Spain's 'Solo sí es sí' Law (LO 10/2022) — Consent-Based Sexual-Offence Reform and 1,205 Unintended Sentence Reductions (Cautionary Case)

Spain's Ley Orgánica de garantía integral de la libertad sexual (known as 'solo sí es sí') entered into force on 7 October 2022. It defines sexual assault by absence of consent, merges the former categories of abuse and assault, and adds prevention, crisis-centre and training provisions.
Because the new single offence carried revised penalty ranges, convicted offenders could ask courts to apply the more favourable rule retroactively. According to the General Council of the Judiciary (CGPJ), as of 1 September 2023 courts had reduced 1,205 sentences (31.4% of reviewed cases) and ordered 121 releases; an earlier tally on 1 March 2023 counted 721 reductions and 74 releases. The law was amended by Parliament in spring 2023 to correct the penalty ranges.
Lesson: consent-based definitions can be adopted, but transitional penalty provisions need impact-testing with the judiciary. The CGPJ itself noted its counts did not cover every court, so totals are approximate.

Read the full analysis: https://theobjective.com/espana/tribunales/2023-09-18/rebajas-penas-excarcelaciones-si-es-si/