Alicante Court commutes sentence of Belarusian soldier fleeing Spain for violating new “yes is yes” law

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new punishment for rapist for the interpretation The “yes is yes” law on Court of Alicante. In this case, the accused was not released from prison, Belarusian soldier Living in the state of Alicante and sentenced to 1 year in prison after being tried for sexist violencetrying to rape his wife in front of his daughter. finished left the country after the sentence and since then declaration in absentia, the court demanded from the authorities of his country to be handed over to Spain to serve his sentence. After his conviction, the court had to reduce his prison sentence from four years and six months to three years before he went to prison.

The incidents occurred in 2018 at the home where the attacker lived with his wife and two adult daughters. Orihuela Costa. Court, April 22, 2018 the defendant caught her husband by force and took him to one of the rooms of the house and forced her to have sexual intercourse. When the victim realized that her daughter was at home at the time, she started shouting for help. dir-dir She could see how her father had dragged her mother and locked her in a room.. While her father tried to sexually abuse her mother, her daughter managed to open the door with a knife. The young woman began to blame the accused for what she had done, and eventually the accused gave up and left the house.

However, this was not the only sexual assault against him. The woman accused him of repeatedly raping her with death threats and constant abuse. therefore, The prosecution sought a total prison sentence of more than thirteen years. of continuing sexual assault, ill-treatment and threats.

Court of Alicante only frustrated sexual assault by victim’s daughter considered proven. The reason for being sentenced to four and a half years in prison. One more added to that sentence. Eight more months than threatening his wife during an argument In front of his other relatives, he said, “I will kill you when the girls leave, get ready, I will kill you. I’ll do something about the car, I’ll go to Belarus and be there with you.” That was the argument that took place on August 1 of that year and prompted the victim. Report to the Civil GuardAbuse during intercourse.

During the trial, the defendant assured that the complaint was justified. it was an invention his wife’s aim was to keep all the joint assets they had in Belarus, since he could not own any assets due to his military service and they agreed to put them all in the woman’s name. The marital relationship began to deteriorate in 2017 when the woman began to suspect that her husband had a mistress and accused her of improperly disposing of her property in Belarus. In this context itThe courtroom did not accept all of the victim’s accusations as proven During the trial against her husband, the Courtroom believed only a fraction of the facts disclosed by the victim. The two incidents he was convicted of were those that occurred in front of witnesses.

Revision

When the court board goes to the execution of the sentence, the accused no longer in the country, but returned to Belarus. Before the execution of the sentence was started, the request for a room was met. Defendant’s defense requesting a reconsideration of the sentence in accordance with the new penalties stipulated in the Sexual Freedom Law, Known for the “yes is yes” law. The prosecution opposed review when discussing the adjusted sentence.

As in other cases before, the Chamber considers that the reduction of sentence should be applied because this offense had been covered by previous legislation. imprisonment from six to twelve years; now he is punished between four and twelve years. “Prisoners have the right to ensure that the rule that is most beneficial to them is applied, even after their sentence has been served,” says the resolution, in which they accepted the reduction, announced this Tuesday.

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