• Courts The Court of Zaragoza lowers the sentence of the rapist of a woman who died from the injuries suffered by three years and nine months by the law of "only if it is yes"

  • Justice More than 100 sex offenders benefited from the 'only yes is yes' law

The

Third Section of the Provincial Court of Zaragoza

has issued an order on Tuesday in which it reviews the sentence imposed on a man convicted of a crime of sexual assault.

The application of the law of

only yes is yes

supposes a reduction of almost four years, since compared to the sentence initially imposed of nine years and one day in prison, the order now issued establishes the sentence at five years, three months and one jail day.

Of all the sentences reviewed so far by the Provincial Court of Zaragoza, this is the second that it dictates with a reduced sentence.

In the first, known this Monday, the prison sentence of

José Manuel Calvo Ropero

was reduced to three years and nine months , sentenced to 14 years for sexually assaulting a woman, brutally beating her and then leaving her half dead in a field.

In this second review,

JM

.

He was sentenced to nine years and one day in prison with absolute disqualification during the time of the sentence.

As the perpetrator of a crime of injury to the penalty of five years and one day in prison with special disqualification for the exercise of the right of passive suffrage during the time the sentence lasts.

In addition, as civil liability, the defendant must indemnify the victim's heirs with 63,500 euros for injuries and 33,980 euros for non-material damages from which what has already been paid will be deducted, that is, 31,176 euros.

Said sentence was declared final on January 3, 2022, but the convicted person submitted a letter in November of that year requesting the revision of the sentence imposed for the crime of sexual assault for "understanding the application of

Organic Law 10/2022

as more beneficial ", popularly known as the law of

only if it is yes

.

The

Public Prosecutor

's Office submitted a brief indicating that the interested review was not appropriate.

In the court order, released this Tuesday by the

Superior Court of Justice of Aragon

, it is indicated that "based on the current extension of the penalty for the crime of sexual assault after the entry into force of LO 10/2022 , which is from seven to fifteen years, the lower degree sentence is from three and a half to seven years minus one day; and, applying the same criteria as in the aforementioned sentence, it would be appropriate to impose a sentence of five years, three months and one day in prison. It is, therefore, a more favorable rule, which is why the sentence is reviewed in those strict terms."

For this reason, it estimates the request to review the sentence imposed, "reducing it to five years, three months and one day in prison; ratifying the rest of the pronouncements that do not oppose what is agreed here."

According to the criteria of The Trust Project

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