Rosell now praises the three Murcia judges for aggravating a sentence that he called "sexist" for lowering another

• 'Only yes is yes' The attorney general now orders opposition to reductions in sentences for sexual crimes like those that prosecutors have already supported

• Politics Podemos points directly to the Ministry of Justice: "It had a special responsibility in the definition of penalties in the 'law of only yes is yes'"

Victoria Rosell

referred yesterday to a judicial resolution on the law of

, and for the first time she did not do so to criticize those responsible.

On the contrary, the Government delegate for Gender Violence released a few lines of the sentence in which the court maintained that the legal reform imposed "a more serious penalty" than the one in force up to now.

The three signatory magistrates, members of the Civil and Criminal Chamber of the Superior Court of Justice of Murcia, are

-president of the TSJ-,

and

.

Until their rehabilitation yesterday by Rosell, the three were in the category of judges reviled by the Ministry of Equality for their macho misapplication of the legal reform and that they should be better trained.

The same three magistrates signed last week a reduction in the sentence of a man convicted of attempted rape.

The initial four and a half years in prison were three in accordance with the law of

already in force.

That was one of the decisions that provoked explicit criticism from Rosell, Minister Irene Montero and officials from United We Can.

The Government delegate for Gender Violence, presented yesterday's decision by the magistrates to add a sentence for sexual assault as if it were a consequence of the law of

.

In reality, the three years that the court imposes on an already convicted of attempted murder are due to another reason unrelated to the reform: that the action of pounce on the woman and kiss her by force before stabbing her should be punished independently and not be included in the attempted murder.

gender aggravation

The Court of Murcia had made this last interpretation, since the attempt included the aggravating circumstance of acting for reasons of gender, due to a desire to dominate women without a sexual nature.

Last June, when the law of only yes is yes had not yet left the Courts, the prosecutor appealed to add the sentence of sexual assault.

The TSJ of Murcia has agreed with him and adds three years in prison to the 12 for the attempted murder.

In a message on

this Monday, Rosell presents the increase in sentence along with a reference from the court to the reform of the law of

.

The magistrates do not cite to be able to condemn, but to indicate that they apply the previous law because it is more favorable.

Applying the more serious reform would have been unconstitutional, since reforms that are harmful to the convicted person cannot be applied retroactively.

Rosell's message on Twitter read: "The TSJ Murcia aggravates the sentence in a case of #Gender Violence for #Sexual Violence that the AP did not apply.

It is an appeal, not a review.

"LO 10/2022 sets a more serious penalty for sexual assault than the one in force on the date of the facts prosecuted."

According to the previous law, the facts examined were a sexual assault punishable by between one and five years in prison.

According to the current reform, the assault would have a penalty of two to eight years, since an aggravating circumstance would be applied that did not exist before, that of having been a victim and aggressor couple.

The phrase that Rosell quotes from the sentence is not literal.

In fact, the Chamber says that "the new wording is notoriously more serious."

The "notoriously" refers to the warnings contained in the legal reports on the law, which warned that in some cases the increase in penalties in a specific case could generate "proportionality" problems.

According to the criteria of The Trust Project

Know more

• Murcia

• United We Can

• Irene Montero

• Justice