Is it possible to guarantee sexual freedom without the criminal reform? In defence of a less “comprehensive” law

Abstract

This article considers that a structural reform of sexual crimes from a gender perspective is not necesary, except for some specific aspects, as the current Criminal Code is in line with the Istanbul Convention and the consent-based model. The article draws attention to the risks of the «comprehensive law» model, which seems to make criminal reform an indispensable condition for the articulation of social and preventive policies and measures, even though such criminal reform may not be necessary or not in the proposed extension or direction. It concludes that the draft law does not solve the problems of lack of protection and revictimization since these problemas have a procedural and probative nature, and thus should deserve that approach. On the contrary, the draft lawt implies again a hardening, even slight, of an oversized sexual criminal law.