The recent Organic Law 10/2022, dated September 6, on the comprehensive guarantee of sexual freedom, amends crimes against sexual freedom and integrity under the previous wording of the Spanish Criminal Code. It consolidates the two criminal categories (sexual abuse and sexual assault) into a single offense and strengthens the concept of consent by stating:"Consent shall only be understood to exist when it has been freely expressed through acts that, considering the circumstances of the case, clearly express the person’s will."
Key Revisions to Sexual Assault Legislation.
Under this framework:
- Victims no longer need to prove the presence of violence or intimidation for an act to be classified as sexual assault.
- Situations where the offender exploits their position of superiority or the victim’s diminished capacity will also be considered sexual assault.
- By redefining consent, the law aims to enhance victim protection, stipulating that only an express manifestation by the victim will render consent valid.
Amendments to Organic Law 3/2007 on Effective Equality Between Women and Men
The new law also introduces modifications to Organic Law 3/2007, dated March 22, for the effective equality between women and men, as follows:
Article 48. Specific Measures to Prevent Crimes and Other Conduct Against Sexual Freedom and Moral Integrity in the Workplace
1. Obligations for Employers:
Companies must promote working conditions that prevent crimes and other conduct against sexual freedom and moral integrity, with particular emphasis on sexual harassment and harassment based on sex, including those committed in the digital domain. Measures to this end may include:
- Drafting and disseminating codes of good practice.
- Conducting awareness campaigns.Providing training programs.
- These measures must be negotiated with employee representatives.
2. Role of Employee Representatives:
Employee representatives must help prevent crimes and other conduct against sexual freedom and moral integrity by:
- Raising awareness among workers about such behaviors.
- Informing the company management of any behaviors or conduct they become aware of that could facilitate these offenses.
Corporate Liability for Degrading Treatment, Sexual Harassment, and Sexting
Companies may now be held accountable for crimes of degrading treatment, sexual harassment, and the forwarding of explicit content (commonly known as sexting) if they fail to act after being informed of such conduct through established reporting channels.
Impact on Corporate Responsibilities Under Organic Law 3/2007
Organic Law 10/2022 expands corporate obligations under Organic Law 3/2007 by imposing new responsibilities to prevent crimes and conduct against sexual freedom and moral integrity, with a particular focus on:
- Promoting Safe Working Conditions:
Companies must foster safe environments that deter crimes and misconduct, including digital harassment. Preventive actions such as codes of conduct, training programs, and awareness campaigns must be implemented and negotiated with worker representatives.
- Duties of Worker Representatives:
Representatives are tasked with reporting inappropriate conduct and sensitizing employees to recognize and prevent such behaviors.
Corporate Accountability in Cases of Workplace Harassment and Sexting
Organizations that fail to act after being informed of degrading treatment, sexual harassment, or sexting through established reporting mechanisms may face legal responsibility. The law underscores the importance of proactive measures and accountability in preventing such offenses within the workplace.
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