The crime of sexual assault. Reflection on the occasion of organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom

Abstract

Reflection on the latest legal events regarding the regulation of the crime of sexual assault, after the approval of Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, which has determined two major modifications in the regulation legal-criminal of this criminal phenomenon: the disappearance of the difference between assaults and sexual abuses, being reduced to a single typical conduct "aggression", through any attack on the sexual freedom of the passive subject "without their consent"; and the specification of the form that consent must take in the field of sexual relations "that clearly expresses the will of the person", which has led us to analyze the role that consent now has and the problems that it has raised its proof.