The last 7 reductions have transcended this Friday and have occurred in the Supreme Court, in the Valencian Community, La Rioja and the Basque Country
MADRID/ LOGROO, 24 (EUROPA PRESS)
The number of those convicted of sexual offenses who have benefited from the new penalty framework included in the ‘only yes is yes’ law amounts to at least 129, between lower sentence reviews and subsequent sentences in application of the rule. . A total of 17 people have been released. The last 7 reductions have transcended this Friday and have occurred in the Supreme Court, in the Valencian Community, La Rioja and the Basque Country.
The Provincial Court of Vizcaya, in the Basque Country, has communicated four new sentence reductions in application of the Organic Law of Comprehensive Guarantee of Sexual Freedom, which came into force on October 7. Specifically, it has modified the sentence for three convicted of sexual abuse of minors: two have their prison sentence reduced from 8 to 6 years and the third has their sentence reduced from 4 to 3 years.
The fourth case that has come to light this Friday in the Basque Country is that of an operating room nurse who sexually abused three patients who were in the pits, two of them unconscious. In this case, the discount has been 3 days.
For its part, the Superior Court of Justice of La Rioja has handed down on appeal the first sentence in this autonomous community in which the prison sentence of a man convicted of sexually assaulting a co-worker is reduced. Specifically, from 7 to 4 years old.
In the Valencian Community, the Court of Castelln has reduced from 6 to 3 years and 6 months the sentence imposed on a man for a crime of sexual assault with introduction of bodily members and carnal access.
In the case of the Supreme Court, the reduction has been from 12 to 10 years in prison the sentence imposed on a man for a crime of sexual assault on a minor under 15 years of age in Almeria. The Prosecutor’s Office asked to maintain the 12-year prison sentence, but the court recalled that during the trial “all those involved (…) ruled out reasons that would justify a penalty that would exceed the legal minimum”, then set at those 12 years. Thus, the Supreme Court has concluded that what corresponds now is to apply the minimum sentence, set at 10 years.
The new law has caused the crime of sexual assault to absorb that of sexual abuse, which means that a crime that until now included a more serious conduct incorporates a less serious one, for which reason the criminal fork has also been expanded to cover all the range of behaviors now punishable as sexual assault.
CASES BY AUTONOMOUS COMMUNITIES
With these new reductions, sources consulted by Europa Press confirm sentence revisions and sentence reductions in 16 autonomous communities.
According to the data collected so far, there are 20 in Madrid, 17 in Galicia, 17 in Andalusia, 15 in the Valencian Community, 12 in Castilla y León, 9 in the Canary Islands, 8 in the Basque Country, 7 in Extremadura, 5 in Cantabria, 4 in Catalonia, 4 in Asturias, 4 in the Supreme Court, 2 in the Balearic Islands, 2 in Murcia, 1 in Castilla-La Mancha, 1 in Navarra and 1 in La Rioja.
Of these 129 cases, 17 have led to the release of convicts: 6 from Madrid, 2 from the Balearic Islands, 2 from Galicia, 2 in the Valencian Community, 2 from Cantabria, 1 in Extremadura, 1 in Castilla y León and 1 in the Basque Country – -by order of the Supreme Court–.
In Galicia, in one of the 17 recorded cases of reduction, it was agreed to release a man convicted of sexual assault who had served 11 of the 12 years in prison imposed on him, because –in application of the new law– should have been sentenced to 7 years. In another case, the sentence of a man who raped a woman he met through Tinder in Cambre was reduced by two years.
In Cantabria, which already has 5 cases, there are two reductions of 7 years in prison each. Specifically, they have gone from sentences of 18 years in prison to sentences of 11 years for a sexual assault on a young woman in a hostel in Santander.
22 SALES IN A SINGLE DAY
Until now, the day on which the most sales have been registered has been last December 16, when 22 were recorded in 24 hours. The list went from 65 to 87 in one day after the Court of Córdoba announced that it had reduced prison sentences in 11 of 32 sentences that it had reviewed in application of the “only yes is yes” law.
From the Court of Córdoba they specified that in two of said sentences two years in prison were reduced to each prisoner; in others, a year, and in some others, several months.
Three other reductions were recorded in Castilla y León, specifically, in the Audiencia de Zamora. Similarly, Galicia registered three more reductions: two in the Audiencia de Pontevedra and one in A Corua.
The Basque Country, for its part, added two sales that Friday. The Lava Court reduced the prison sentence for two women convicted of sexual assault on another woman in prison from 12 to 7 years.
That same Friday, in the Canary Islands, the Court of Las Palmas modified the prison sentence of two men for attempted sexual assault and reduced it from 5 to 3 years and 11 months.
Sale number 22 of that day took place in Cantabria, where the prison sentence imposed on a man for sexually assaulting another, with whom he shared a room in a Santander psychiatric center, was reduced from 6 to 4 years.
THE CRITERION OF THE SUPREME
Last week, the Supreme Court established that the application of the Organic Law of Comprehensive Guarantee of Sexual Freedom is “mandatory” because it is “more favorable” to the prisoner. He did so in the sentence handed down when resolving the appeals of the ‘Arandina case’, whose ruling was brought forward on November 29 but was made known in its entirety on Wednesday.
The High Court had to make use of the penal modification when reviewing the sentence of the ‘Arandina case’ and sentenced two former players of that football club to 9 years in prison -and not 10, as requested by the Prosecutor. the law of ‘only s is s’.
The magistrates raised the sentences – from 4 and 3 years that the TSJ of Castilla y León had set – after eliminating the mitigation that had been appreciated due to the closeness of age and maturity between the convicted and the victim.
The Supreme Court has lowered four sentences for crimes of sexual assault since the reform of the Penal Code entered into force.
The sources consulted by Europa Press explain that the number of cases in which the discounts are applied will increase in the coming days due to the pending reviews in all the autonomous communities.
