This Friday there has been a record of downward revisions
The number of convicts who have benefited from the new penalty framework included in the ‘only yes is yes’ law amounts to at least 87, between lower sentence reviews and subsequent sentences in application of the rule. A total of 12 people have been released. The last 22 sales have transpired this Friday and have occurred in six autonomous communities.
The list has gone from 65 to 87 in a single day after the Court of Córdoba announced that it has reduced prison sentences in 11 of 32 sentences that it has reviewed in application of the Organic Law of Comprehensive Guarantee of Sexual Freedom, which entered into into effect on October 7.
From the Córdoba Court they have specified that in two of these sentences two years in prison have been reduced for each prisoner; in others, a year, and in some others, several months.
Three other reductions have been recorded in Castilla y León, specifically, in the Audiencia de Zamora. Similarly, Galicia has registered three more reductions: two in the Audiencia de Pontevedra and one in A Coruña.
The Basque Country, for its part, has added two sales this Friday. The Court of Álava has reduced from 12 to 7 years the prison sentence for two women convicted of sexual assault on another woman in prison.
This same Friday, in the Canary Islands, the Court of Las Palmas has modified the prison sentence of two men for attempted sexual assault and has reduced it from 5 to 3 years and 11 months.
The reduction number 22 corresponds to Cantabria, where the prison sentence imposed on a man for sexually assaulting another, with whom he shared a room in a Santander psychiatric center, has been reduced from 6 to 4 years.
The judgment of the Supreme
This same week, the Supreme Court has established that the application of the Organic Law of Comprehensive Guarantee of Sexual Freedom is “mandatory” because it is “more favorable” to the prisoner. It has done so in the sentence handed down when resolving the appeals of the ‘Arandina case’, whose ruling was brought forward on November 29 but was known in its entirety on Wednesday.
The High Court had to make use of the criminal modification when reviewing the sentence of the ‘Arandina case’ and sentenced two former players of that football club to 9 years in prison (and not 10, as requested by the Prosecutor) when applying the law of ‘only yes is yes’.
The magistrates raised the sentences (from the 4 and 3 years that the TSJ of Castilla y León had set) after eliminating the mitigation that had been appreciated due to the closeness of age and maturity between the convicted and the victim.
By Autonomous Communities
Among the sentence reviews and sentence reductions, sources consulted by Europa Press confirm 20 in Madrid, 16 in Andalusia, 11 in Galicia, 9 in the Canary Islands, 9 in Castilla y León, 4 in Cantabria, 4 in the Basque Country, 3 in the Supreme Court, 2 in the Balearic Islands, 2 in the Valencian Community, 2 in Extremadura, 2 in Catalonia, 1 in Asturias, 1 in Castilla-La Mancha and 1 in Murcia.
Of these 87 cases, 12 have led to the release of convicts: 6 from Madrid, 2 from the Balearic Islands, 2 from Galicia, 1 from Cantabria and 1 in the Valencian Community.
In Galicia, in one of the 11 recorded cases of reduction, it was agreed to release a man convicted of sexual assault who had served 11 of the 12 years in prison imposed on him, because -in application of the new law- he had to having been sentenced to 7 years. In another case, the sentence of a man who raped a woman he met through Tinder in Cambre was reduced by two years.
In Cantabria, which already has 4 cases, there are two reductions of 7 years in prison each. Specifically, they have gone from sentences of 18 years in prison to sentences of 11 years for a sexual assault on a young woman in a Santander hostel.
In the case registered in Murcia, the Superior Court of Justice has ratified the sentence of a defendant for an attempted sexual assault on a woman in 2020. However, it modified the sentence imposed because it was “more favorable” for the prisoner to apply the ‘law of only yes is yes’. Thus, he has gone from 4 and a half years to 3 years and 1 day in prison.
In the Canary Islands – which accounts for 9 cases – the sentences of two men have been reduced by two years in prison: one convicted of assaulting a minor under 12 years of age and another for assaulting a minor of 13.
pending reviews
The sources consulted by Europa Press explain that the number of cases in which the discounts are applied will increase in the coming days due to the pending revisions.
In Madrid alone, there are 447 cases of sexual abuse and/or assault that have been firmly convicted, with a convicted person in prison, subject to review. Of these cases, and ex officio, the magistrates have already begun the review of 121. At the request of a party, the review of 55 is being processed.
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