The defendant, pending an appeal before the Supreme Court, asks the court to review his sentence, which amounted to 12 years
A new name joins the list of inmates trying to obtain a reduction in their sentence based on the new Sexual Freedom Guarantee Law, better known as the ‘only yes is yes’ law. A man who was sentenced to 12 years in prison accused of abusing his niece since she was nine years old in Murcia has asked the Supreme Court, which is studying his appeal against that sentence, to reduce his sentence based on the new norm . His defense, which is carried out by the lawyer Manuel Martínez, demands that this sentence be reduced by half: six years in prison.
In a letter addressed to the Second Chamber, José ML’s lawyer maintains that the norm “has caused a social and legal earthquake of considerable magnitude.” He also argues that the new rule is more beneficial to him and that the courts must, therefore, apply it to him.
In psychiatric treatment
The resolution that this part is now trying to review imposed on the defendant, in addition to the prison sentence, another nine years of probation and the prohibition to approach or communicate with his niece for the next 13 years. In addition, he must compensate the affected person in 80,000 euros for the damages and consequences that she suffers, such as post-traumatic stress disorder, with attempts at autolysis, for which she continues in psychiatric treatment.
This resident of Murcia, according to the sentence, coincided with the minor when she was left in the care of her paternal grandparents, in the house where he also lived. At first he subjected her to touching and sexual practices that she camouflaged as games to finally consummate full sexual relations.
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