The "only yes is yes" law benefits the rapist of a 10-year-old friend's son

• Society Sexual crimes committed by minors shoot up 169%

• Courts Lower sentence record for the 'yes is yes' law: seven years less in prison for two rapists

The

has sentenced a man who raped the 10-year-old son of a friend in an apartment in

to nine years and six months in prison , a sentence in which the law of

, since it is more favorable for the prosecution.

The penalty of nine years and years and months will be replaced by expulsion from the national territory once the defendant, a Colombian national and in provisional prison since April 2022, has served half of the sentence and will not be able to return to

for 10 years .

.

In addition, he must compensate the victim with 50,000 euros and he will not be able to approach or communicate with her for 12 years.

The sentence, which can be appealed before the

, has also imposed a measure of probation for five years to execute the five-year prison sentence.

The convicted person lived between the last quarter of 2016 and January 2018 in a house in Pamplona together with his brother and since he had a good relationship with a friend of his brother, one day when her child could not stay with another person, he took him to his house where she raped him, later telling her not to tell her mother what happened.

The following day, or immediately after it, says the ruling, the defendant again perpetrated another violation also at his home.

As a consequence of these events, the minor suffers from irritability, an attitude and avoidant behaviors, and feelings of guilt, shame, and anger.

In the trial, held last December, the prosecutor accused the defendant, in accordance with the previous legislation, of two continuous crimes of sexual abuse of a minor and claimed 10 years in prison for each of them, while the private prosecution requested 27 years (12 for one crime and 15 for another, understanding that there was intimidation and the defense pleaded for acquittal.

more favorable to the defendant

Now in the sentence, the

of the Hearing explains that, according to the legislation in force at the time of the facts, the penalty to be imposed would range between eight and 12 years in prison, and specifies that since it is a continuous crime it could be imposed in its upper half, from 10 to 12 years, being 10 the one that would have been imposed.

However, the magistrates point out that with the new law these crimes are punishable between 6 and 12 years, which means that the minimum sentence (6 years) is less than that contemplated by law at the time of the violations (eight years) and the upper half oscillates between 9 and 12 years, also lower than that of the previous law (from 10 to 12).

For this reason, being more favorable to the defendant, the Court is obliged to impose a lower sentence in accordance with the new legislation and thus sets a sentence of nine years and six months in prison for a continued crime of sexual assault on a minor under 16 years with carnal access.

According to the criteria of The Trust Project

Know more

• Pamplona

• Ministry of Defence

• reviewable permanent imprisonment

• Law of Sexual Freedom