The Supreme Court also confirmed 35 years in prison for a professor from an academy in Valencia sexually harassing eight minors during class.
The court is not applying the yes only yes law to this specific sexual abuse offenses case. The new regulation is more harmful to convicts.
The sentence is considered provenTeacher groping students between the ages of 13 and 16 without their consent, without violence or intimidation, when they come to clear any doubts about the homework they have to do, or with the homework he gives them to reinforce.
The Criminal Chamber therefore rejects the convicted person’s appeal against the sentence of the Supreme Court of Justice of the Valencian Community, which, like the Valencian Court, convicted him for the following crimes. Six perpetual offenses of sexual exploitation of minors under the age of 16, aggravating factor prevalence and two offenses against adults with the same modality.
Valencia Court, imprisonment at legal minimums. The criminal persistence is admirable after six sentences of five years for sexual abuse of minors and 2 years and six months for students over the other two offenses.
Court dismissed grounds of appeal
Now, the Supreme Court, in the case of minors under the age of 16, the proven declared facts, Imprisonment ranging from 4 to 6 yearsat the same time, the criminal continuance applied, the only yes is yes law, the minimum penalty is 7 years and 6 months imprisonment, Therefore, it continues the previous arrangement, which is more useful in this case.
Regarding crimes against adults, if the penalty with the current regulation is only yes, if it coincides with the sentence given to the convict.
Room rejects all grounds of appealor “the asymmetry between the accused and the victims is evident not only because of the age difference, but also because of a respect-based superiority to those who act as their teachers, placing us outside the walls of valid consent.”
“And it comes out take advantage of conditions that facilitate the execution of abuses. The touching is done right during the lesson, in the classroom itself, and by making use of the statements the accused made to his students as a teacher.”
According to the Supreme Court, “it is precisely the status of a teacher that allows the student to approach and touch him from behind on the pretext of his suspicions or taking away his cell phone.. Behaviors that young women lack the capacity to respond to according to a normalized model of behavior”.