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Anyone who subjects an LGBTQ+ person to so-called conversion practices in Spain now risks a prison sentence, after Congress approved changes to the country's Penal Code on Thursday June 25.

 

The reform means that anyone who "applies or practices on a person, even with their consent or that of their legal representative, acts, methods, programmes, techniques or procedures of aversion or conversion" aimed at changing or suppressing their sexual orientation, gender identity or gender expression could face between six months and two years behind bars, along with a fine.

 

Crucially, consent is not a defence under the new law. PSOE deputy Víctor Gutiérrez argued during the debate that these practices are not therapies at all but "a form of torture," and that torture remains torture even when someone agrees to it under pressure from those around them.

 

Until now, conversion practices were already banned in Spain, but they were treated as an administrative offence rather than a criminal one, carrying fines of between €10,001 and €150,000. Listing them in the Penal Code is a significant shift in how seriously the law treats them.

 

The bill will now move to the Senate, where further changes are expected. The People's Party (PP), which abstained from Thursday's vote, has said it intends to "improve" the legislation, with spokesperson Jaime de los Santos acknowledging that his party "will always oppose conversion therapies and any coercive measure that deprives citizens of their freedom," while criticising what he described as legal ambiguity in the current draft.

 

Not everyone is satisfied that the law goes far enough. Representatives from Sumar pointed out that while bringing criminal penalties is a step forward, the reform still falls short when it comes to offering practical support to victims, and they've vowed to keep pushing for more meaningful redress.

 

But incredibly, overall opinion on the law is also divided. Vox's María de la Cabeza Ruiz called it an "absolute absurdity" and an attack on individual liberty, while Junts raised questions about how conversion therapy will be defined in practice and whether the wording is precise enough to avoid catching legitimate psychological support in the same net.