HE Supreme Court canceled a discount Court of Alicante It applies to sex offenders under what is known as the “yes means yes” law. “extreme” violence It was used in the rape that took place In the novel According to Europa Press, this will not allow the prison sentence to be reduced, but will increase it.
The judges emphasize that the defendant used “intense, unusual” and “prolonged” violence, which, after the reform of the Criminal Code, requires a prison sentence of at least 11 years, a higher figure than the 9 years for the crime of sexual assault. Sentences given to the attacker in the sentence given in the lower court or in the 7 years imposed after the review.
In the decision available to Europa Press, the Criminal Chamber explains that the Organic Law on the Comprehensive Guarantee of Sexual Freedom covers: Greater penalties will be imposed where the attack involves “extremely serious violence”. For this reason, he thinks that in this case, the new legal regulation will not be of any benefit to the prisoner and that it is appropriate to leave him with the original sentence of 9 years’ imprisonment.
She was attacked when she tried to leave the relationship
The man was convicted of an attack in June 2015 when he met his then-partner at a hotel. The bar in Novelda. That night, she told him she wanted to “leave the relationship” and they left together in the same car, intending to “go to their own homes.” But he strayed from “a rural road” and He raped her while shouting ‘slut’ and ‘whore’.
She managed to break free and ran away, but the man followed her until he caught up with her. According to the sentence, “He pushed her, she fell to the ground, and when she lay down, he hit her several times.” kicks and punches all over his bodyIncluding head and face. He remained semi-conscious. “After seeing the violence of his attack,” the defendant said, his partner told him:Baby, how I put you». And took him to the emergency room. Of course he warned him. He had to tell paramedics that he had “fallen”.
The Alicante Provincial Court sentenced him to 9 years in prison for sexual assault and 3 years in prison for wounding. In January of this year, as a result of the “Only yes means yes” law, the prison sentence for sexual assault was reduced to 7 years on the grounds that it was more advantageous. The woman, who was not satisfied with the discount, said: Appeal before the Supreme Court.
The victim claimed that his right to effective judicial protection had been violated and criticized the non-implementation of the fifth provisional provision of the Criminal Code, which, in his opinion, “eliminates the possibility of reducing the sentence determined in the last sentence.” The Prosecutor’s Office also joined his objection. In the decision, the Supreme Court explains: There is no violation of any law “Due to the non-implementation of various transitional regimes put forward in the criminal review case.”
However, the judges analyze whether the Court’s decision to review the sentence complies with the rule of criminal law. Retroactivity of the Criminal Code, “in the light of the general jurisprudence” of the Supreme Court. “The answer we expect must be negative anyway,” they state. Thus, the court accepted the appeal, annulled the re-examination of the sentence and imposed the first sentence of 9 years in prison for sexual assault.