Sexual offences are about capacity to consent. The court found that consent existed, even if consent was based on the extinguishment of a debt. It is not assessed whether it is a binding contract, but whether the woman`s consent was valid for oral sex. Here, it is not disputed that the gentleman applies to a civil court to demand respect for his, because this is not the purpose of criminal law. What is being discussed here and confirmed by the provincial court is that the woman`s consent was valid. He also revealed that he had received harassing messages from his former brother-in-law saying he had to pay the debt. (Read also: These are all benefits and fees that will increase with the CPI in 2022). The events date back to 2019, when a woman went to her brother-in-law`s house to borrow 15,000 euros (about 68 million Colombian pesos). The agreement stipulated that the debt would be paid in exchange for “sexual favors.” After five meetings, the debtor felt uncomfortable with the agreement: the woman said she was “psychologically obliged” to perform oral sex on the subject. When she refused to continue the practice, her brother-in-law demanded the money back and threatened to report her to the authorities if she did not pay them, according to the ABC newspaper. However, the woman decided to first go to the Spanish justice system and denounce him for alleged coercion. Spain`s Constitutional Court is in the crosshairs of a recent controversy that has led many to believe that the country`s judiciary approved the payment of a debt in exchange for sexual favors. Meanwhile, the TC has now reiterated that, despite the control in society, this is in no way illegal.
Although the decision of the Supreme Court refers to a second judgment regarding what was discussed in Mallorca. Spain`s Constitutional Court failed to correct a decision declaring it legal to pay a monetary debt through oral sex. The accused had had a friendly relationship with the woman some time ago; However, in 2019, she went through severe economic difficulties, circumstances that led her to apply for a loan from the former brother-in-law, who accepted but demanded payment through sexual favors. The case was decided by the Provincial Court of Palma de Mallorca, which ruled that the case did not constitute a criminal offence. In other words, the Constitutional Court did not consider it a crime to pay a monetary debt through sexual relations between adults. ABC had reported the case, which occurred in 2019. At that time, a 38-year-old woman asked her 58-year-old ex-brother-in-law for a loan of 15,000 euros. However, he couldn`t imagine the man detailing how he would have to pay the debt. The acceptance was maintained until he refused to do so when asked to proceed with penetration, and this had no greater consequence than the demand to pay the debt of 15,000 euros.
According to local media, the court said: “It does not assess whether the request for fellatio as a means of payment is illegal or not.” The case was resolved by the Provincial Court of Palma de Mallorca, ensuring that this request did not constitute a criminal offence. On the other hand, he confirmed that there had been no crime as such, because “it was a consensual relationship, in exchange for not paying the debt while it was maintained”, and that the claim of debt by him “comes after the end of the relationship, without it being possible to accept that the claimant agreed for this reason, maintain sexual relations. â The Constitutional Court does not assess whether the request for fellatio as a means of payment is illegal or not, since it does not get to the heart of the matter by considering that the appeal lodged against the decision of the Audiencia de Palma does not comply with the provisions of article 49.1 of the Organic Law of the CP itself, which requires justification of the “particular constitutional significance” for the admission of an appeal, assured the High Court in relation to the case. There are judicial decisions that go beyond the international level, such as the recent decision of the Spanish Constitutional Court, which declared legal the payment of an economic debt with sexual favors, as long as both parties have accepted it. Since she couldn`t pay the money, the man suggested that she perform oral sex in his car two or three times a week, which she accepted. Despite the statement from judicial authorities, the woman said she had been intimidated and, in addition to the initial requests, “intended to go ahead with the sexual favors they first talked about.” A major controversy has been sparked©in ± Spain after the Constitutional Court (TC) declared it legal to pay debts with sexual favors. The case occurred after the TC rejected an appeal against an earlier decision of the Provincial Court of Palma de Mallorca that had dictated the legality of this type of transaction. In Spain, for example, it will be ± legal to require oral sex as a means of payment. It all started in 2019, in the case of a woman who owed her ± Excu about 15,000 euros± at 58, who then asked her to pay her through©this.
