Half a dozen different provincial courts have communicated this Friday 11 downward revisions of firm sentences as a consequence of the law of
only yes is yes
.
This is a daily record since the reform of sexual crimes promoted by the Ministry of Equality came into force on October 7.
The total known number of benefited sexual aggressors -probably some reviews have not disclosed- is already close to 70. The cases reported today are all classified as sexual assaults, because the legal reform has so provided, but they reflect very diverse episodes .
The Court of Pontevedra has reported that two sections have issued separate orders reducing firm sentences, from six to four years in one case and from eight to seven in another.
In the latter it is about the rape of a man to his wife.
In Galicia, the Court of La Coruña has also lowered a sentence from six to four years.
This reduction is frequent among the known cases, since it corresponds to the reduction of the minimum sentence for rape, which has gone from six to four years.
The Zamora Court has released three other reviews.
One of one year (from 10 to nine) and another corresponding to a case with two very high sentences for continued crime of rape, one of which drops from 13 and a half years to 11. The victim was the underage daughter of the man's partner.
Two prisoners looking for drugs
The third case is another violation of the wife, with a new drop from six to four years.
In this case, the court applies the new fork of the legal reform, but explains that it left out an aggravating circumstance incorporated into the reform -that of being a wife-.
The decision contrasts with the criterion maintained by the jurisprudence that the Penal Codes are chosen en bloc, and not choosing the most favorable part of each one.
With the aggravating circumstance that has not been assessed, the minimum penalty would have been harsher (seven years) than the one imposed at the time.
In Las Palmas, the sentences of two men who were already expelled to Mauritania have been lowered, so that country will have to be notified of the new sentence: three years and 11 months instead of five for attempted sexual assault.
For its part, the Court of Álava has substantially reduced the sentence of two prisoners who sexually assaulted another inmate to check if she had drugs in her vagina.
Lubricious spirit is not necessary to commit the crime, so they were convicted of rape.
They have received the news that the 12 years in prison are seven thanks to the reform of the Penal Code.
Prosecutor support
In the latter case, the reduction has had the unusual support of the Prosecutor's Office, despite the restrictive criteria imposed by the State Attorney General, Álvaro García Ortiz.
The reason is that the 12 years were above what could be imposed with the new law.
When the penalty overflows above the new fork, there is no doubt that it must be lowered to that new maximum.
In this case, the prosecutor asked to lower the sentences by four years, to eight.
The last known case today also occurred in an internment environment.
A psychiatric inmate sexually assaulted a colleague threatening to kill him if he did not agree to his wishes.
The sentence of six years that the Court of Cantabria imposed on him has been reduced to four.
There has also been a refusal to lower the sentence by the Court of Soria.
The decision, however, supports the reduction of firm penalties when these were imposed in their day at the minimum and the minimum has dropped.
This is the case for most agreed revisions.
The Soria court refuses to touch the seven-year sentence because the sentence that was intended to be reviewed expressly ruled out sentencing to the minimum possible.
Otherwise, the car says, the downgrade would be "forced."
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