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Sexual consent law crisis may be last straw for Spain’s divided government

As elections loom, Spanish Prime Minister Pedro Sánchez has been forced into firefighting mode, with his embattled left-wing coalition stretched to breaking point by a litany of bitter disputes.

Sexual consent law crisis may be last straw for Spain's divided government
Rape law crisis may be last straw for Spain's divided govt. Photo: JAVIER SORIANO / AFP

And since his Socialists formed a government three years ago with the hard-left Podemos, the points of friction have been many, including Spain’s U-turn on Western Sahara, arms deliveries to Ukraine and the transgender rights law.

But the latest falling out, which centres on changes to a landmark law to fight sexual violence that has been championed by Podemos, appears to be the most serious yet.

Known as “Only yes means yes”, the law came into force in October.

 
It fulfilled a key left-wing pledge to address public outrage over the light sentences initially handed down in a notorious 2016 gang rape called the Manada (or ‘wolf pack’) affair.
 
But changing the criminal code paradoxically ended up reducing penalties for certain types of sexual crimes, reportedly freeing some 40 offenders and allowing 400 others to have their sentences reduced.
 
Under Spanish law, a sentence can be retroactively modified if changes to the penal code benefit the convicted offender.
 
In a bid to stem widespread public anger over the loophole, the Socialists announced in late January they planned to reform the law.
 
They presented a bill to that end earlier this week but Podemos has resolutely rejected the Socialists’ proposal, saying their bill rips the heart out of the law and effectively returns to the “criminal code of the wolf pack”.
 
 
 
‘Absurd’
 
In recent weeks, the rhetoric has sharpened, with Podemos accusing Sánchez’s Socialists of going along with the far-right over its modifications to an animal rights law that excluded hunting dogs.
 
For Cristina Monge, a political scientist at Zaragoza University, the ongoing fighting between the two parties is “absurd”. “Neither of the coalition partners has anything to gain by this row”
because their credibility is at stake in the eyes of “the more moderate electorate” and they also risk “demoralising the left”, she said.
 
Since the infighting began, polls have shown “the left losing ground”, said Pablo Simón, a political analyst at Madrid’s Carlos III University. “The more the government keeps fighting in public… the more damage it will cause,” he said.
 
But as Monge points out, Spain is already well into election season. Regional polls are scheduled for the end of May and a general election by the year’s end.
 
“Podemos is looking to set itself apart” while also looking to weaken the standing of Labour Minister Yolanda Díaz, who is likely to run as a candidate in the general election, she said.
 
Díaz, the number three in the government and a Communist Party member, recently set up a platform called Sumar which seeks to position itself to the left of the Socialists without being shackled to Podemos.
 
 
‘Politically, you’re dead!’
 
Sánchez himself has dismissed out of hand any talk of a breach within his coalition. “Split? No there isn’t. It’s not even on the cards. Quite the opposite,” he said this week, insisting he had “confidence” in all his ministers.
 
Within parliament, the government’s regular backers have taken a very dim view of the infighting.
 
“They need to tone it down,” said Íñigo Errejón, head of the left-wing Mas Pais party, urging the government to act “responsibly”. But the right-wing opposition Popular Party (PP) has crowed with delight.
 
Polls suggest the PP is on track for electoral victory although it would probably need the support of the far-right Vox to govern.
 
“You’re dead!” PP lawmaker José Ignacio Echániz shouted at Sánchez in parliament on Wednesday. He later tweeted, for clarification: “Politically, Pedro Sánchez is dead”.
 
“It’s a gift, a lifeline for the PP and Vox,” said Monge. All the PP needs to do is “just sit back and wait”, agreed Simón. “It doesn’t need to do anything else.”

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PROPERTY

Spain’s plan to limit temporary accommodation rejected

Spain's left-wing government had planned to tighten its grip on temporary accommodation rentals as a potential means of making more long-term rentals available, but the country's right-wing parties on Tuesday rejected the proposal in parliament.

Spain's plan to limit temporary accommodation rejected

If passed, the new law would have meant that anyone who wanted to temporarily rent a property would have to explain why and provide a valid reason.

For example, students or researchers would have to show the research contract or course booking to show it would only last a few months.

It would have also meant that if more than six months passed or more than two consecutive contracts issued, it will have automatically become a long-term habitual residence instead.

On Tuesday September 17th, the proposal was ultimately rejected in the Spanish Congress, voted against by Spain’s three main right-wing parties – Catalan nationalists Junts, Spain’s main opposition party the PP and far-right Vox.

The aim in part was to try and rectify the controversial Housing Law, which came into effect in 2023.

In most people’s eyes, the legislation has failed as landlords have found several loopholes to get around the restrictions, prices have continued to increase and the stock of rental properties is even more diminished.

READ ALSO: Has Spain’s Housing Law completely failed to control rents?

As a result of the fear of heightened regulation for landlords, many have left the traditional market and turned to tourist rentals or temporary accommodation instead, which are far more lucrative. 

This has had the opposite effect, increasing rental prices instead of stabilising or decreasing them.

READ MORE: Why landlords in Spain leave their flats empty rather than rent long-term

Seasonal contracts and room rentals allow landlords to raise prices every six or nine months and they not subject to the price limitations of the housing law.

The idea of this new law was to try and set the maximum duration of a temporary rental contracts at six months in order to avoid this, but it could have potentially also caused problems for many who need this type accommodation such as students, digital nomads, those living here on a short term basis etc. 

During the debate, Sumar’s spokesperson, Íñigo Errejón, defended the law saying that it is a “solvent”, “fair” and “precise” proposal, which will help “correct an abuse” and “close the gap through which “Landlords can use to avoid the LAU (Urban Leasing Law) and rent regulation”.  

Far-left party Podemos blamed the ruling PSOE for having left this “hole” in the housing law, but also agreed that the restrictions on temporary accommodation were needed to try and rectify this.

READ ALSO: Has Spain’s Housing Law completely failed to control rents?

Junts (Catalonia’s main pro-independence party) and the PNV, the Basque nationalist party, were firmly against it. They agreed that the problem must be solved and that “accessible decent housing was needed”, but raised the situation of students, interns, residents or workers who need housing for flexible periods.

Junts party member Marta Madrenas warned of the harmful effects that this limitation on temporary rentals can have for university cities such as Girona.

Vox and the PP meanwhile argued that they don’t want to help cover up the mistakes made by the left with regards to the Housing Law.

Vox deputy Ignacio Hoces stated that the increase in seasonal rentals has occurred due to the “failure” of the Housing Law, since this has caused rental prices to “skyrocketed” by 13 percent and the supply to be reduced by 15 percent.

Temporary accommodation, referred to as alquiler temporal or alquiler de temporada in Spanish, is considered to be anything that’s longer than a month but shorter than a year, middle ground between short-term and long-term rentals. It is also referred to as monthly accommodation or seasonal accommodation.

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