Beyond the yes. Traps and successes of sexual consent regarding the Spanish Organic Law 10/2022 of 6 September on the comprehensive guarantee of sexual freedom

Abstract

This paper aims to study the lights and shadows of consent in sexual assault crimes introduced in through the Spanish Organic Law 10/2022, of September 6, on the comprehensive guarantee of sex This research asks if the configuration of sexual consent implies a better protection of women’s rights. On the other hand, if this law challenges the sexual crimes’ paradigm. This law provides better protection of women’s rights than the previous law. However, it does not challenge the liberal paradigm based on the theory of contract that inspires sexual crimes. It is necessary a legal revolution that identifies equality as the right that sexual crimes should protect because no contract can erase the patriarchal status.