- The Spanish government backed a bill on Tuesday that would define rape by the absence of consent rather than the other more ambiguous factors it is determined by now.
- The draft law also seeks to establish specialized courts for sexual offenses, create 24-hour recovery centers for victims, and make catcalling a criminal offense, among other changes.
- Spain’s legislation around rape has been scrutinized for years, largely prompted by a gang rape case in which the perpetrators were initially convicted of a lesser offense.
- The bill now must be debated and approved by Spanish parliament before it can become law.
Spain’s government approved a bill on Tuesday that would redefine rape to include all acts of nonconsensual sex.
Currently, rape is determined by factors such as whether intimidation or violence were used. The new bill seeks to instead define rape by the absence of consent and make it punishable by between four and ten years in jail. Aggravated cases would command heavier sentences.
If signed into law, the “only yes means yes” bill would also establish specialized courts for dealing with sexual offenses, as well as round-the-clock recovery centers for victims. Additionally, the bill aims to make street harassment, like catcalling, a criminal offense and increase jail penalties for sexual harassment in work settings to up to two years.
“Spain will be a safer country for women with the approval of this law,” Equality Minister Irene Montero said. “Women’s rights and sexual freedoms will never again be stranded down a blind alley.”
The bill now must be debated and approved by Spanish parliament before it can become law. The process is expected to take several months.
Call for Change
The nation’s handling of sex crimes has been under high scrutiny in recent years following the high-profile “wolf pack” crime in 2016. In that case, five men gang-raped a young woman but were initially only convicted of sexual abuse instead of the more serious offense of rape.
This decision sparked mass protests around the country as well as global attention and ultimately led to an appeal in 2019 in which the supreme court ruled that the men had committed rape. Their jail sentences were lengthened to 15 years each as a result.
Nine European countries, including Sweden, Germany, and the U.K., already define sex without consent as rape. Amnesty International’s Senior Campaigner on Gender, Monica Costa Riba, welcomed Spain’s move to become the tenth.
“It is high time that other countries in Europe follow suit, and through improving their laws and policies, advance societal understanding of rape, consent and sexual autonomy,” Costa Riba said.
See what others are saying: (BBC) (The Guardian) (Associated Press)
Malaysian Man Wins Challenge Against Islamic Law Banning Gay Sex
- On Thursday, a Malaysian man in the state of Selangor successfully challenged the state’s Sharia Law ban on gay sex.
- His legal argument revolved around Malaysia’s two-track legal system that features Sharia Law Courts in some states for certain crimes, and Federal courts for everything else.
- While the Islamic courts and Sharia law are allowed to regulate divorce, property, religion, and some criminal codes, they cannot enact laws that conflict with Federal law.
- Malaysia’s top court unanimously found that Selangor’s Islamic-based anti-gay sex law conflicted with the countries rarely-enforced national ban on gay sex.
Malaysia Upholds Federal Law Over Sharia Law
The Malaysian LGBTQ+ community won a major legal victory in the Muslim-majority country on Thursday after a man successfully challenged an Islamic law ban on sex “against the order of nature.”
The case started back in Selangor state when eleven men were arrested for allegedly having sex together in 2018. In 2019, five admitted to the charge and received six strokes by cane, a fine, and jail terms of up to seven months.
But one man, whose name was withheld by his lawyers to protect his identity, challenged the charges. His defense revolved around how Malaysia’s legal system works.
The country, which is 60% Muslim, has both Islamic Sharia law and associated courts in many states, as well as federal laws and courts. The Sharia courts, locally called Syariah courts, are allowed to deal with Islamic law issues such as divorce, property, religion, and certain criminal matters. However, they’re barred from passing laws that conflict with federal law.
The accused pointed out that Malaysia already had an anti-gay sex statute that was leftover from its days as a British colony. The exact same statute can be found throughout former British colonial holdings like India and Pakistan and is known as Section 377.
His argument went on to say that therefore, Selangor shouldn’t have passed its Islamic anti-gay law and the Sharia court didn’t have jurisdiction over the matter.
An Important Victory
Malaysia’s top civil court unanimously agreed, striking down Selangor’s anti-gay sex statute for conflicting with federal law.
The ruling is considered a massive victory for LGBTQ+ people in Malaysia, despite there still being a federal anti-gay statute, because it’s rarely enforced. Similar laws in Muslim states, for instance, are far more restrictive and enforced by their courts. It’s also rare that such legal victories happen in Muslim-majority countries.
Even with this win, there are still other states with Islamic anti-gay statutes, but advocates are now more hopeful and confident about challenging those laws when they’re used again.
See what others are saying: (The Straits Times) (Reuters) (Independent)
Anti-Asian Hate Crimes on the Rise in British Columbia
- A report given to Canadian police in Vancouver, British Columbia last week showed a 717% in hate crimes against Asians over the last year and a 97% increase in hate crimes overall.
- Prosecutors have been urged to more seriously pursue hate crime charges, despite them being harder to prove in court.
- The trend has been mirrored in Ontario, another Canadian province with significant Asian populations.
Massive Surges in Hate Crimes
The U.S. has struggled with anti-Asian hate crimes over the last year, especially in municipalities like New York City, which reported upwards of a 1,900% increase from one incident to 19 within the year.
However, the U.S. isn’t the only country dealing with the issue. Similar trends have been reported in Canada as well. A report given to the Vancouver police board last week found that in 2019, there were just 12 incidents of anti-Asian hate crimes reported in the city. In 2020, there was 98, which marks a 717% increase. Those numbers helped drive the stats of hate crimes in the city up 97% overall.
To be clear, crime overall has been on the rise, likely fueled by struggling local economies dealing with the ongoing COVID-19 pandemic.
Hard To Pursue Charges
The report has caused Solicitor-General Mike Farnworth to push local prosecutors to seek more hate crime charges.
The region has failed to actually bring charges for most reported hate incidents, with the past year only seeing just one charge filed despite police evidence of such hate crimes. The issue at hand is that adding a hate crime charge makes getting a conviction much harder.
The incidents have led to a push for more strict anti-racism legislation in the province, a position that John Horgan, the British Columbian Premier, has pushed for as far back as June 2020.
British Columbia, according to an assortment of Asian-Canadian advocacy groups, has the most incidents of anti-Asian hate crimes, followed by Ontario. This is especially notable because they are the number two and number one locations of Asian populations in Canada, respectively.
See what others are saying: (Vancouver Sun) (CBC) (CTV News)
Japan Appoints ‘Minister of Loneliness’ To Combat Rising Suicide Rates
- Earlier this month, Japan appointed Sakamoto Tetsushi as the country’s Minister of Loneliness, tasked with addressing rising suicide rates.
- Suicides were declining worldwide, except in the U.S., ahead of the coronavirus pandemic but have since seen startling spikes.
- In October, Japan reported 400 more suicide deaths than all COVID-19 related deaths in the nation until that point.
- While suicide cases among men in Japan are higher, the country has seen a drastic increase in suicides among women, who are more likely to have unstable work that is susceptible to market disruptions from the coronavirus.
Editor’s Note: The Japanese government has asked Western outlets to adhere to Japanese naming conventions. To that end, Japanese names will be written as Family Name followed by Given Name.
Loneliness Is a Rising Issue
Japanese Prime Minister Suga Yoshinori appointed Sakamoto Tetsushi as its Minister of Loneliness earlier this month.
Sakamoto is already in charge of combating Japan’s declining birthrate and regional revitalization efforts, but his new role will see him combating Japan’s rising suicide rate. Suicides were actually on the decline in Japan until the COVID-19 pandemic, which has drastically exacerbated the issue.
That trend reached a milestone in October 2020 when Japan suffered 2,153 suicides – nearly 400 more than all COVID-19 related deaths in Japan until that point. Currently, monthly suicides no longer exceed the total amount of deaths from COVID-19, as Japan faced an outbreak at the end of the year and has over 7,500 COVID-19 deaths.
Even though monthly suicides no longer outstrip total coronavirus deaths, the rate hasn’t let up. While men still make up the vast majority of suicides, there’s been a drastic increase in women taking their own lives. Between October 2020 and October 2019 there was a 70% increase in female suicides.
According to Ueda Michiko, a Japanese professor at Waseda University who studies suicides, women are particularly affected because they often have more unstable employment that is more susceptible to disruptions caused by the pandemic.
She went to tell Insider, “A lot of women are not married anymore. They have to support their own lives and they don’t have permanent jobs. So, when something happens, of course, they are hit very, very hard.”
Internationally Suicides on the Rise
Sakamoto hasn’t outlined any specific plans to combat loneliness in Japan, but he has a blueprint to work from as he’s not the world’s first Minister of Loneliness. The U.K. appointed one in 2018 after a report found more than 9 million Brits said that they often or always felt lonely.
But the job doesn’t seem very easy or desirable, as the U.K. has gone through three ministers of loneliness since then.
COVID-19 has been a massive disruption to suicide rates globally, which had actually been steadily declining for decades. The notable exception to this is the United States, which has faced increases nearly every year since 1999 adding up to almost a 30% total increase over the past two decades.
If you’re in the U.S. and feeling suicidal or have thoughts of suicide contact the National Suicide Hotline at 1-800-273-8255.
For reader across the globe, here are resources in your nation.