An incident that occurred in a nightclub in Mislata, in Valencia, has ended up in court and could set a precedent on how consent is interpreted in contexts such as a dance floor. A 23-year-old man faces a two-year prison sentence for an alleged sexual assault after physical contact during a 'perreo' dance that the complainant claims she did not consent to, as reported by 'Las Provincias'.
The events date back to the early hours of April 19 last year when they coincided at a nightclub. According to the accusation, the young man approached the woman (whom he did not know) from behind and held her by the hips, bringing his body close to hers until his genitals brushed against the young woman's buttocks, through clothing. The woman interpreted this action as a violation of her sexual freedom and filed a complaint days later with the Civil Guard.
The Valencia Prosecutor's Office considers that this contact, despite not involving direct touching with hands in intimate areas, has a clear sexual connotation and occurred without consent. Therefore, in addition to the prison sentence, they request three years of supervised release, a restraining order of 500 meters, and compensation of 1,000 euros.
In contrast to this version, the defense argues that both were dancing voluntarily and that the contact was part of a consensual "perreo." In their opinion, if any inappropriate behavior were to be observed, it would fit, in any case, as a minor offense and not as a crime punishable by imprisonment.
The case will be analyzed according to Organic Law 10/2022 on Comprehensive Guarantee of Sexual Freedom, known as the 'only yes means yes' law, which introduced a significant change in Spanish legislation: any sexual act requires clear and explicit consent. This implies that there is no need for violence or intimidation to be considered sexual assault. It is enough that there is no unequivocal expression of acceptance. The law also unifies behaviors that were previously differentiated as abuse and assault, expanding the scope of the offense.
In this context, the court will have to determine whether the defendant's behavior during the dance can be considered an action with sexual connotations carried out without consent, or if, on the contrary, it was an interaction accepted by both parties.