The organic law of Comprehensive Guarantee of Sexual Freedom, is the next step to achieve equality between men and women. This project will have as its purpose the comprehensive protection of the right to sexual freedom as well as the eradication of sexual violence against women.
This is an agreement for the prevention and fight against the different forms of violence that exist against women. That is why this law had been expected and represents one of the greatest advances in this matter.
Currently it is different and thousands of women will benefit from the law of Comprehensive Guarantee of sexual freedom. If you want to know more about the subject, stay until the end of this interesting and informative article.
The approach of the Organic Law of Comprehensive Guarantee of Sexual Freedom.
This law of comprehensive guarantee of sexual freedom could be seen coming from the Istanbul Convention, which modified many laws of the European community. This agreement manages to define violence against women better than other types of definitions found.
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They establish that they are all acts of violence based on gender or that imply harm to women. Whether it is physical, sexual, psychological violence or also economic, including the threats to perform such acts.
Another act of violence is coercion or also the arbitrary deprivation of the right to freedom of women, whether in public or private life. This definition was taken as a flag to the different projects of law that must comprehensively guarantee sexual freedom.
This bill has undergone different modifications as such to other expressions of laws that had already been seen. Since the word he uses to define the comprehensive guarantee of sexual freedom is consent.
The consent in that sexual freedom law It is defined when it has been expressed freely and without coercion. This also with acts that express in a reliable way the clear will of the person.
This definition in the Organic Law of Comprehensive Guarantee of sexual freedom draws a lot of attention. In previous laws there had not been a positive definition of consent and not as in previous laws that the only thing that is explained is that it is not consent.
It can be understood then that with this law of comprehensive guarantee of sexual freedom the charge is shifted to the defendant. This will have to answer to justice if the act was really consented or if it was a type of sexual assault.
always in these crimes of violence, it has to be proven that the consent of both parties actually existed. Who is the one who is going to be judged, the lack of consent could lead to an accusation either public or private.
With this law of comprehensive guarantee of sexual freedom clearly states that silence does not mean consent. In other words, the victim has to express their will to perform the sexual act in their own way and without endangering their integrity.
Information about the Organic Law of Comprehensive Guarantee of Sexual Freedom that are essential
These types of laws have served as a basis in the victim's statement so that he can demonstrate the presumption of innocence. Unanimously collecting the necessary requirements for the declaration.
These requirements are:
- It has to have similarity in all the testimony given.
- The credibility for that moment for both parties is subjective.
- Finally, it is the persistence in the incrimination of a crime that threatens against the integral guarantee of sexual freedom.
Something that we must remember is that no law, not even this one, can violate the presumption of innocence of the crime. This means that if the burden of the case is completely directed at the defendant, the basic principles and guarantees would be infringed.
Another rather interesting fact regarding this organic law of comprehensive guarantee of sexual freedom is the elimination of the classification as abuse. Being in theory all behaviors against said sexual freedom, as well as sexual assaults.
There were criticisms that only the crime of aggression, in addition to the danger of breaking the principle of proportionality. However, what this law intends is to create a progressive penological system always proportional to severity.
This would mean that the penal response to the crime is always the correct one in all the circumstances in which the abuse can occur. This project does not actually collect a rebate or increase as such in the penalties provided for this type of crime.
In fact, the penalties that can be imposed range from a fine to the fact that the defendant I can go to prison for 12 years. The latter in case of aggravated rape and the penalty may increase by 15 years in situations with aggravating circumstances.
Another aspect that affects the legal profession is organic law of comprehensive guarantee of sexual freedom is defending the victims. The profession is highly committed to helping end violence of all kinds against women.
This will recognize that each victim Get legal help in case of abuse so you can get the defense you need. Where you will also have free advice in legal proceedings arising from acts of violence.
In this sense, this bill calls for a training program for all people, especially young people who are not alone. These types of bills will protect them from acts that violate their integrity physical or mental in the future.
Advice as well as defense is completely free for the woman who was a victim of abuse. Everything to give you the support you need in this difficult situation in your life, and so that the guilty can pay the just penalty for their crimes.
This is a commitment made by all the governments of the European community, and it promises to be the future for equal rights.