Acerca de la tan célebre y criticada ley española del “Solo sí es sí” Principales aspectos procesales

Abstract

In our work, we will focus on examining what is related to the modifications that, from a procedural perspective and on different regulatory texts, has implied the so famous and criticized Organic Law 10/2022 (nicknamed as the Law of “Only yes is yes”). In particular, we will refer to the changes implemented in the Criminal Procedure Law, approved by Royal Decree of September 14, 1882; Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors; Law 4/2015, of April 27, on the Statute of the victim of crime or Law 1/2004, of December 28, on Comprehensive Protection measures against Gender Violence. And with regard to the modifications carried out by the aforementioned legal text on Organic Law 10/1995, of November 23, of the Penal Code, we will deal with the pertinent requirements for the pursueability of crimes of sexual violence. Likewise, we will focus our attention on the actions (specifically, the examinations of the victims and obtaining biological samples) to prove the crime, taking into account the relevance and virtuality of the evidence in the framework of the criminal process, which highlights the need to promote effective specialization in sexual violence of the comprehensive forensic assessment units that assist the Violence against Women courts, as well as the specialization of forensic medical personnel.