Constitutional court dismisses oral-sex debt case — Analysis

Spain’s top court has rejected an appeal made by a fellatio woman to pay a loan.

Spain’s Constitutional Court has dismissed a case brought by a woman who claimed her former brother-in-law forced her to perform oral sex on him two to three times a week as a way of repaying a debt.

An earlier in the week, Tribunal Constitucional declared that it wouldn’t hear the case of a Mallorcan woman who had escalated the matter to its court. She had her case heard at a Palma de Mallorca court as well as the Balearic Islands Regional Appeal Court. Both of them found no criminal activity. 

When the appellant found herself short of money in 2019, the brother of her former partner had agreed to help, paying €15,000 into her bank account. They told her that she would repay the money slowly, as she was able.

She claimed that her man of 20 years had made her perform fellatio or other sexual services twice a week to repay him for the money. Before breaking off the agreement, she admitted to visiting her brother-in-law five more times. 

After breaking her end of the bargain, she claimed she began receiving threatening messages from him, noting the possibility of “For your revenge” and of reporting her for non-payment of debt. 

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The woman reported the man to the police, but he maintained his innocence, claiming they’d reached “a deal to have sexual relations in return for lending her €15,000 without interest”And that “demanding compliance with a previously accepted deal does not constitute a crime.” 

Local and regional appeal courts agreed to the creditor’s ruling, stating that the woman had freely participated in sexual acts together with the 58year-old. However, the judge of the appeals court said there was no evidence for sexual abuse or coercion.

The ruling has been criticized by feminists, including Spain’s equality minister, Irene Montero. “Only yes means yes. If consent is not given, it’s deemed rape. Consent implies the absence of coercion and threats,”Montero stated this in a December 2020 tweet.

Local media outlets have accused the Constitutional Court of supporting the idea that debts can be paid with sexual favors.

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