“No es abuso, es violación”

184

En Suecia el sexo sin consentimiento será violación

Renata Cabrales
@RENATARELATA 

Por estos días, Suecia aprueba la ley en la que el sexo sin consentimiento será violación. La ley logra que la violación no sea relacionada solamente con la presencia de violencia, amenazas o aprovechamiento de la indefensión, por lo cual introduce la figura penal de la “violación negligente”.

Suecia se une así a otros países europeos con legislaciones similares en ese apartado, como Gran Bretaña, Bélgica, Islandia y Alemania, haciendo parte de la lista de los nueve países europeos que ya han trasladado a sus respectivas legislaciones lo que recoge el Convenio de Estambul, firmado por 20 estados miembros de la Unión Europea en el año 2011.

La importancia del Convenio radica en que supone “el primer instrumento de carácter vinculante en el ámbito europeo en materia de violencia contra la mujer y la violencia doméstica, y es el tratado internacional de mayor alcance para hacer frente a esta grave violación de los derechos humanos, estableciendo una tolerancia cero con respecto a la violencia hacia la mujer”. Asimismo, en el apartado acerca de la violencia sexual, el convenio de Estambul reafirma que “el consentimiento debe prestarse voluntariamente como manifestación de libre arbitrio de la persona considerado en el contexto de las condiciones circundantes”.

La violencia contra la mujer se reconoce en el Convenio “como una violación de los derechos humanos y como una forma de discriminación, considerando responsables a los Estados si no responden de manera adecuada”.

La condena mínima según la nueva norma sueca, para violación grave y violación grave contra menores de 15 sería de cuatro a cinco años, según la reforma legal, dentro de la cual se recomienda al próximo Gobierno aumentar de dos a tres años la pena mínima por violación en grado normal.

El caso de La manada en España

Cinco hombres acusados de violar en grupo a una joven de 18 años en España fueron condenados por abuso sexual, pero absueltos del delito de violación. El caso ha provocado mucha polémica y la incansable movilización de las feministas y organizaciones de mujeres del país.

El grupo “La manada”, tuvo la osadía, propia de hombres que saben que el patriarcado los apoya, filmó el ataque a la joven durante las fiestas de San Fermín en Pamplona, en julio de 2016. Pero fueron condenados a 9 años de cárcel.

Indignación

Mientras los condenados insistieron en que se trató de una relación consentida, los jueces decidieron que fue un caso de abuso, pero no de agresión sexual, pues supuestamente no hubo pruebas de violencia o intimidación. Cientos de manifestantes reunidos frente a la corte criticaron el veredicto con la consigna: “No es abuso, es violación”.

Entre 32.000 y 35.000 personas, convocadas por el movimiento feminista, se pronunciaron en contra de la injusta respuesta de los jueces. Es tan grande la indignación que incluso el anterior gobierno de Mariano Rajoy anunció que estudiaría “una eventual reforma del Código Penal para los delitos de índole sexual”.

Hasta hoy, muchos españoles, hombres y mujeres, continúan indignados porque uno de los tres jueces se pronunció a favor de absolver a los cinco hombres.

Cambios legales

Después de la injusta sen­tencia de La manada, en España también se ha abierto el debate ­sobre la necesidad de hacer cambios legales. Expertos con­sideran que debe dejar de hacerse distinciones entre abuso y agresión. Pues, “una agresión es sexo no consentido y a partir de eso se deberían establecer gradaciones en función de la violencia en sus diversos conceptos”.

La ley sueca, con esta nueva norma, emite un mensaje social importante y optimista al abordar el tema del consentimiento. De esta forma, según defensoras de los derechos de las mujeres, el derecho penal debe tener una función preventiva: este es punto central de la nueva legislación.

Fuentes: http://www.consilium.europa.eu/es/press/press-releases/2017/05/11/vioklence-against-women/

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