second part Asturias State Court two and a half years down Penalty in 2019 José Antonio MH, 61, for raping his sister in an apartment on Calle Luis Braille in Lugones. José Antonio MH had agreed six and a half years in prisonhowever, with the enactment of the “only yes is yes” law, the sentence must be reduced to four years. imprisoned since December 2018reduction of sentence implies that the man has already served his sentence for at least this crime; The first published in Asturias thanks to its application comprehensive guarantee of sexual freedom act.
It was the second part of the Trial itself that on 22 November ex officio requested a reconsideration of the sentence. He asked the parties to defend what they saw fit. Both prosecution and private prosecution by the raped woman Pedro Paulino Sánchez of the law firm Asturlexopposed the penalty reduction. It is noteworthy that the detainee’s representation did not make any demonstrations, and then, with the decision of 29 December 2022, it was agreed to proceed to the trial to be decided.
In the verdict published on January 3, the courtroom begins by announcing that José Antonio MH has been convicted as responsible. sexual assault crime and threat crime in media contest and crime of illegal arrest and also as the author of the crime of violating the penalty It prohibits the victim and his/her family from approaching closer than 300 meters for 9 years, and the probation measure to be executed after the prison sentence, and 6 years and 6 months imprisonment, and 5 years is given for the first of the crimes.
The Chamber stated that, according to the new regulation, the facts should be included in the provision of the Penal Code that provides for “imprisonment from 2 to 8 years”. Despite the contrary opinion of the Public Prosecutor and the Special Prosecutor’s Office, access to the examination is appropriate, determination of the penalty as a four-year prison sentence in the lower middle bracket of the taxable penalty, preserving the proportionality and individualization criteria set in the law sentence (…) In accordance with the principles set forth by the Supreme Court decision dated 30 November 2022 and in accordance with the agreed, shortening the duration of the approach and communication bans, 6 years and 6 months installments instead of 9 taxes”.
According to the court case
The incidents occurred at around eight o’clock in the afternoon on 11 December 2018. LThe family was engaged in the scrap metal business. The woman’s brother called her husband to Lugones because he found a person with too much junk. I can give them “old radios”. The couple then went to their nephew’s house from Avilés. In Rooster Sales. The young man was with his mother. Then came José Antonio MH. insisted that it should be her sister the person who accompanies him to collect scrap metal.
The two brothers left with the man’s son, leaving the victim’s husband at home. According to her, while they were wandering around a nearby farm, the man began to threaten her. “You have to listen to me”, I told him. “If you don’t listen to me, it will be worse‘ he added, grabbing her wrist. “I carry a knife hereIt will get worse if you don’t listen to me,” the man continued, pretending to pull something off. Then the man said to his son, “You’re leaving,” and walked away.
The area was dark and the woman sat up very nervously. According to the complaint, his brother continued: “If you behave well, nothing will happen.” He took out a knife and cut a stick from his hand and added: “Look how well cut, be good“. Then they continued walking through Lugones towards Luis Braille street, where the man lived. They went out to the apartment and the brother locked the door. The man drank his coffee and ate something, while his sister was sitting in the kitchen. He took her by the arm and shouted, “Come here!” to a room. The situation got worse there. The man ordered him: “Take off your jacket, sweater, blouse and sit down.”
So he took off his pants and started to caress and kiss her, taking turns asking her to touch him. The woman did not stop asking him every time. leaving him alone. At that moment someone knocked on the door. The man approached the peephole and said to the woman, “Shut up, don’t say anything, the police are coming.” The two fell silent but called again. From outside the apartment, the woman’s husband and niece began searching for her. The brother left the room, but tripped and fell to the floor. He took the opportunity to get dressed and go to the door. Her brother later said: “Calm down, you’re leaving”, and let it out.
Woman He went to San Agustín Hospital that same night. and the next day to the police station condemn