Moncloa admits that it has to study the sentences that have lowered the sentences for sexual abuse based on the new legislation of the so-called “only yes is yes” law and the aforementioned legal text in case changes are necessary that prevent rulings such as those that have been known in the last few hours. “It is necessary to study the sentences and the legal text because it was not the objective of the law that the sentences could be reduced for the abuse of minors, quite the opposite,” said the Minister of Finance and Deputy Secretary General of the PSOE, María Jesús Montero, in statements to journalists in the Senate.
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The socialist wing of the Executive therefore advocates examining the judicial resolutions and the law of comprehensive guarantee of sexual freedom after the Provincial Court of Madrid has reviewed two cases and reduced both sentences. One of them is a pedophile who abused the youngest daughter of his partner. The judges consider that at the time the minimum sentence (eight years) was imposed on him and that the new regulation therefore obliges him to impose the new legally established minimum sentence of six years in prison. The other case is that of a teacher convicted of abusing several students. The judges consider that the new Criminal Code decriminalizes at least two of the episodes for which he was convicted.
The entry into force of the new law for the comprehensive guarantee of sexual freedom introduced changes and unified the criminal types of sexual abuse and assault at the same time that it modified the range of possible sentences, lowering the ground for this type of crime from eight to six years. from prison. Article 2.2 of the Penal Code includes the obligation to review sentences downward when a legislative change affects a sentence.
“It is necessary to study this issue”, the head of the Treasury has acknowledged: “The sentences would have to be studied to see what is covered and the legal text.”
The Ministry of Equality, however, charges against the court ruling. “The judge reviewing the sentence has not considered that the Sexual Freedom Law in its article 181.2 establishes the same penalties as the previous law: from 5 to 10 years. And you cannot lower a degree (as the Provincial Court of Madrid has done) when there is (art 181.4) the prevalence of a situation of superiority, coexistence or kinship, as is the case”, say sources from the department headed by Irene Montero, who points to machismo in justice based on the Committee for the Elimination of Discrimination against Women (CEDAW).
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