- Time of past OR future Camino
- Francés x 5, Le Puy x 2, Arles, Tours, Norte, Madrid, Via de la Plata, Portuguese, Primitivo
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It is troubling when the police take no action when flashers are reported to them. As I understand it from a previous post by @peregrina2000 the Spanish criminal code does not have a charge for public masturbation per se. In Australia and many other countries it would be covered by charges of "indecency" or "assault" (which does not require touching, but is any deliberate action that puts another in immediate apprehension of danger - flashing is a "sexual assault").
If there is no adequate law it misses the point that this behaviour is done deliberately with the intention of causing distress and fear - good enough reason to protect citizens I think. Let alone the possibility of the behaviour being a precursor to actual physical attack.
Does anyone know more? Are there any moves to reform this lacuna?
I would just add that inside the territory of many Spanish municipalities, it is a violation of local ordinance and is subject to a fine.
Are there any moves to reform this lacuna?
It surprises me. You'd think there would be pressure from sexual victims support groups.
Maybe Spaniards aren't as shocked at nudity as some of us are.
Who is talking about nudity? I've played beach volleyball on a nudist beach. It was fun. Nothing wrong with plain old ordinary masturbation either.
There is a huge difference between those and and deliberately offensive sexual behaviour.
But Kanga is making a general statement about flashing not being reprimanded, not just on remote parts of the Camino.The fear comes as there is no layers of protection such as a window or a group of people, hence the feeling of vulnerability of the victims as the act is than to them as target.
One thing I forgot to add that even though there may be no code section that criminalizes this behavior, you can be sure that if it is reported along the Camino, the local police will do their best to find the man and use their many other policing tools short of arrest to work with the family, try some scaring or shaming tactics, etc. I have a fair amount of experience with this, unfortunately, and know that the police take it very seriously and will do what they can. So I continue to urge women to report this behavior, no matter what the criminal laws say!
That fits in with my experience as well. I lived in Spain in 1976-77, the year after Franco died. It was like the dyke had broken -- it was sometimes hard to find a real newspaper at a street kiosk, but they were hidden there somewhere with all the X-rated stuff. That seems to have subsided, though far more explicit material is readily available than what I typically see in the US. Seems like it is time to find a new accommodation between individual liberties and sex crimes, it's been 40 years now.On the del Norte near Zarautz, I had a conversation with a guardia civil who had been involved in a sting operation on a flasher out of Bilbao. The offender was detained briefly (which the authorities can do in Spain to "verify identity") and agreed to counselling with a mental health professional. She said that the Francoist laws on nudity and public decency were used for harassment of tourists and, occasionally, political opponents. She believed that it was good that these laws were abolished but that it did create challenges for the police.
That fits in with my experience as well. I lived in Spain in 1976-77, the year after Franco died. It was like the dyke had broken -- it was sometimes hard to find a real newspaper at a street kiosk, but they were hidden there somewhere with all the X-rated stuff. That seems to have subsided, though far more explicit material is readily available than what I typically see in the US. Seems like it is time to find a new accommodation between individual liberties and sex crimes, it's been 40 years now.
That is funny and it gives me pause for thought. When I was a youngster I often used to wonder why people sat around on benches in the centre of town. Maybe they were waiting to spot people wearing red socks.In Amsterdam there was a flasher right outside the office where people went to get their marriage licenses.
He'd sit on the bench and flash the young couples.
The authorities came.
They moved the bench.
I realize this is not an answer to the current problem on the Camino.
But I remembered it and thought it was funny.
:::ducking:::
I can't answer for Spanish law, but generally criminal behaviour looks at the mind of the perpetrator as well as the act itself - so deliberately offensive sexual behaviour would be an act done with the intention of intimidating, distressing, disturbing, dominating the victim.
They appear to use a criminal law philosophy which leans to thinking of crime rather than sex crime
So I continue to urge women to report this behavior, no matter what the criminal laws say!
She said that the Francoist laws on nudity and public decency were used for harassment of tourists and, occasionally, political opponents.
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