Friday, December 9

Equality moderates criticism of judges and trusts that the Supreme Court will reject reductions in sentences for rapists

The Government delegate against Gender Violence, Victoria Rosell, has defended this Friday the new law of ‘only yes is yes’ and has denied that any change has to be introduced to avoid further reductions in sentences for sex offenders. An appearance in which Rosell has lowered the criticism of the judges who make these decisions, pointing now to the existence of errors in the interpretation of the norm: “There have been what we consider clear judicial errors in a hasty application, without calm, without reflection without a good reading of the law”. She closes the door to a correction from a reform: “Let’s let the judiciary and the attorney general speak,” she said.

Rosell has denied that it is necessary to include a transitory provision in the new Penal Code that, in previous versions of the Law, has limited the ability of judges to lower a sentence retroactively. “No lack. We have had a transitory right for decades that can change and it was not convenient for it to change so that it would not give rise to different interpretations ”, she explained.

He has referred to various court rulings such as the Madrid Court, which in recent days have lowered the sentences of sex offenders. “Some of the revised sentences are wrong because it is no longer abuse, it is rape, and there is one that clearly says that I am not reviewing it because it is no longer six months, it is two years and six months.”

For Rosell, “if the previous sentence that the person fits in the new code, it is not reviewed” and adds that “we have not yet seen a case in which the new scheme has been applied correctly on some penalties that are automatically being reduced looking only the minimum. No one in any report warned, moreover, about this possibility.

The Secretary of State for Equality, Ángela Rodríguez, has sent a message of “calm” and has pointed to the “concern” of the Ministry “for what many women in our country may be feeling”. For Rodríguez, the ‘only yes is yes’ law is “a good norm” that “has changed a paradigm of the Penal Code that needed a different approach”, related to “changing the schemes” and not “changing the sentences”.

The Secretary of State has also reflected on the fact that the adaptation of this norm “will require time to be applied and that it continue its path in the judicial system.” In Spain, she maintains, “until now what was done was a treatment that had to do with general medicine. The large number of punishable behaviors were not addressed and fortunately we live in a country where more behaviors are punishable, for any citizen and also in the Penal Code.

Rosell and Rodríguez have made these statements in full controversy over the application that some courts in the country are making of the new sentences for some sexual crimes, interpreting that many of them should be lowered. This is how they have understood it, for example, in Madrid, Galicia or the Balearic Islands, contrary to what the Court of La Rioja has established in the 54 cases it has studied.

This Friday, the spokesman for United We Can in the lower house, Pablo Echenique, also spoke: “The Ministry of Equality has said the same thing as the president: we must wait for legal operators to unify doctrine. And, at the same time, when there is a Provincial Court like the one in La Rioja, which, applying the fifth provision of the Penal Code, knocks down 54 sentence reductions at the same time, it is evident that there are other judges who are interpreting a law with an (ideological) bias. ) of which the UN has already alerted us,” he said.

As revealed this Friday, the Supreme Court intends to resolve its first case in the coming weeks following the appeal of a man sentenced to 12 years in prison for raping his niece in the Balearic Islands in 2014. It is the first a case in which the judges are studying defense allegations specifically aimed at the new ‘only yes is yes’ law helping to reduce the sentence of a sex offender and the Prosecutor’s Office, as is the case in La Rioja, has rejected these arguments.

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