¿Sólo sí es sí?

El Consejo de Ministros aprueba enviar al Congreso de los Diputados la Ley del ‘Sólo sí es sí». Sí, la norma del «sola y borracha quiero llegar a casa» de la ministra Irene Montero. Tras ser repasada por el ministerio del Justicia durante un año para limarla y ajustarla a derecho, una nueva norma llena de ideología y con carga negativa hacia el varón llega a la cámara baja.

Irene montero

En este gobierno de Márketing, la fecha elegida para mover esta norma no es casual. Estamos en vísperas del quinto aniversario de la manada de los Sanfermines y del tercero de la violación y asesinato de Nagore Laffage, también en la fiesta grande de la comunidad Foral. Dos dramáticas efemérides para movilizar al feminismo patrio y poder tachar de machistas a quienes encuentren peros a la ley.

Finalmente, se ha elaborado una nueva definición de consentimiento «en positivo», tras los informes del Consejo General del Poder Judicial (CGPJ) y el Consejo de Estado en sus informes. La redacción será: «Solo se entenderá que hay consentimiento cuando se haya manifestado libremente mediante actos que, en atención a las circunstancias del caso, expresen de manera clara la voluntad de la persona».

Modificación del Código Penal

Desde el Ministerio de Igualdad han destacado que, cuando entre en vigor la norma, las víctimas «ya no tendrán que acreditar que se han resistido o que ha habido violencia». De esta forma, se entenderá que «todo acto sexual sin consentimiento será agresión». Esta modificación supone que se «eliminan» los abusos sexuales del Código Penal.

En la nueva ley también se recogerán futuros cambios en el Código Penal con horquillas más amplias en las penas para «dar una adecuada respuesta penal a la multiplicidad de circunstancias», explican desde Igualdad. Así, Recogerá «un catálogo de agravantes específicos, entre las que se encuentran las agresiones grupales, la existencia de una grave violencia o un daño también grave a la víctima» en los términos del artículo 46 del Convenio de Estambul, la especial vulnerabilidad de esta, o el uso de armas o medios peligrosos.

¿Será el piropo delito?

Según avanza El País, entre esos nuevos supuestos penales estará el delito sexual callejero, que podrá castigarse con trabajos en beneficio de la comunidad o localización permanente. La norma establece, cuenta el diario, que será autor de un delito leve quien se dirija «a otra persona con expresiones, comportamientos o proposiciones de carácter sexual que creen a la víctima una situación objetivamente humillante, hostil o intimidatoria, sin llegar a constituir otros delitos de mayor gravedad».

Esta por ver si el piropo, unos de los objetivos marcados por Montero, entrará finalmente en este apartado…

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