Criminal legislation as political performance: Sexual crime law reform and counter-reform in Spain

Abstract

This article examines the performative function of criminal legislation in contemporary democratic politics. Drawing on cultural sociology and performance theory, it analyses how political actors mobilize the symbolic power of penal law to shape cultural meanings, generate audience identification, and accumulate political capital. The analysis focuses on two highly contested legal reforms in Spain concerning sexual offences: the progressive coalition's “Only Yes Means Yes” reform (Law 10/2022) and the counter-reform enacted shortly afterwards by a different parliamentary majority (Law 4/2023). Through this case study, the article identifies several recurrent strategies of penal performance, including the mobilization of moral narratives, the appropriation of the symbolic authority of social movements, the activation of emotional repertoires, and the strategic positioning of political actors within the electoral field. At the same time, it highlights the contingencies and risks that such performances encounter in complex mass democracies. The article contributes to debates on symbolic criminal law by showing how penal legislation can function as a key instrument of cultural power and political struggle.