The Minister for Equality insists that the courts are applying the controversial norm in a “defective” way and appreciates the support of the Prime Minister
The Minister of Equality, Irene Montero, was shown this Wednesday night “very concerned” that the so-called “only yes is yes” law continues to be applied, in her opinion, in a “defective” way. In this sense, she maintained that the previous jurisprudence “was clear” in this regard, so it was not necessary to introduce a transitory provision in the text.
Montero insisted on his argument, criticized from different quarters, that the problem with the revisions of sentences derived from the entry of the law is not its articles but the interpretation that the magistrates make of it. For this reason, he vindicated the original text and pointed out that no judicial body could foresee what has happened.
“No one could have thought that if the minimum sentences were modified it could lead to a reduction in sentences,” Montero said in an interview on Cadena Ser. In this sense, she referred to a letter from the Prosecutor’s Office, of which she did not specify more, where according to her points out that “if the penalty that has been imposed falls within the new range of penalties, it is not reviewable.”
“Clear” jurisprudence
Asked why a transitional provision was not introduced into the text, the head of Equality stressed that she was “convinced” that the jurisprudence was “so clear” that the need to do so was not seen then. However, she acknowledged that she is “very concerned” that there may be what she continues to consider a “defective” application of the law that leads to revictimized victims.
In his opinion, the reduction of sentences that are being given in some cases corresponds to “errors in the application of the law” for which he considers that it is necessary to “train legal operators” in a gender perspective.
Likewise, he alluded to the words of the Prime Minister, Pedro Sánchez, who this Wednesday defended the aforementioned law, appealing to the sensitivity of the courts and advocated waiting for them to unify doctrine. Thus, he ruled out touching the law and insisted that if he believed there was an error “he would be the first to recognize it.”
In any case, Montero stressed the urgency for the judicial bodies to unify criteria before making any decision on the “only yes is yes” law.
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