The review of sentences for those convicted of sexual abuse or violence, following the recent entry into force of Legislative Decree no Organic Law 10/2022of 6 September, on the integral guarantee of sexual freedom (law n «only yes is yes”, for which some of the convicts have been released, is creating great anguish among the victims, as various reports have shown.
“A second victimization”, in the opinion of the managing partner of CT Law Firm, Jesus Trill –former State Attorney–, who is producing, from a legal point of view, moral damage and harm to the dignity of these victims, the provisions of Law 4/2015, of 27 April, of the Statute of the victim of crime, with which could contemplate an economic repair.
«For me the moral damage and the affectation of the dignity of the victims are evident. The consequences of passing this law through its entry into force are forcing the victims to relive what they suffered. To go through a second victimization,” explains Trillo.
“For this reason, on behalf of all the victims who request it, I am preparing to raise claims for patrimonial liability against the Legislative State”, he says.
According to the lawyer, the possibility of suing the State for these facts has a clear protection in Law 40/2015, of 1 October, on the legal regime of the public sector, whose article 32.2 states that “individuals have the right to be indemnified by the Public Administrations for any damage caused to their assets and rights as a consequence of the application of legislative acts having a non-expropriation nature of rights which they are not legally obliged to uphold”.
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