Friday, March 29

The Balearic Justice orders the release of two convicted of sexual assault based on the law of ‘only yes is yes’


The Second Section of the Provincial Court of the Balearic Islands has ordered the immediate release of two prisoners who were serving a three-year prison sentence for two sexual assaults without penetration, after reviewing them in light of the new Organic Law 10/2022 of September 6 relative to crimes against sexual freedom, better known as the Law of ‘only yes is yes’.

Irene Montero attributes the sentence reductions for sexual offenders to the fact that “there are judges who are breaking the law”

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The magistrates have agreed to this measure without prejudice to the deliberation and decision adopted by the Court in this regard, after having received a report from the Mallorca Penitentiary Center as well as the report sent in this regard by the Public Prosecutor.

Specifically, the court has assessed in both cases that, according to the new legislation, the imposed sentence of 2 years cannot be exceeded. Therefore, the sentence would be fulfilled in view of the liquidation of the sentence carried out and his release must be agreed.

Precisely, this Tuesday two sentences were announced in which the Provincial Court of Madrid had reduced the sentences of two abusers based on the new norm. One of the cases is that of a man convicted of abusing his partner’s underage daughter. As the minimum sentence had been imposed at the time, with the new regulations, what is currently the minimum sentence must be applied again, for which the sentence for the pedophile goes from eight years in prison to six. .

In the other case, a teacher who abused several students, the judges understand that his sentence should be reduced because the new Penal Code decriminalizes at least two of the episodes for which he was convicted.

The new law for the comprehensive guarantee of sexual freedom was promoted by the Ministry of Equality -Moncloa has now opened up to reviewing the rule, although President Pedro Sánchez will wait for the jurisprudence of the Supreme Court to study whether the law changes. The regulations have unified the criminal types of sexual abuse and assault – a debate that arose after the first sentence of ‘La Manada’ in Pamplona – and the range of possible sentences has also varied. In this sense, the new law includes lower sentences for some sexual crimes.



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