Call ‘Yes only means yes’ law It benefited two defendants and convicts, called the Genoa package, two young men raped a girl third individual person who has never been convicted. TSJB accepted the objection of the prosecution and the defense, and the final sanction of the sentence, which was initially determined as thirteen and a half years in prison for the defendants, was five and a half years in prison. . So both sex offenders will comply eight years less prison More than was established in the first sentence handed down by the Palma Court. TSJB partially accepted the objection of lawyers Gaspar Oliver and Antoni Serra.
This group sexual assault occurred in the early morning hours.On June 18, 2016. Young people were having fun in a bar on Paseo Marítimo. Early in the morning, they offered to drive home the two girls they had just met that night.
The girls got into the vehicle. Driver He changed direction and headed towards the Camí de Génova junction. He then walked towards a deserted road.
One of the girls was very drunk and when she got into the car, she fell asleep in the backseat of the vehicle. During the trip, one of the attackers told one of the victims that they were not going home but were going for a walk. He changed course and headed for Genoa. Later, when he stopped the car, he said: “or your sleeping friend, or yourself.”
They all raped her
The men got out of the car and told the girl to sit in the driver’s seat. and took off his clothes. That was the next thing. She was raped by three people. He didn’t resist because he was afraid Because he wanted to protect his friend who was still sleeping in the car.
At one point, the girl found her phone and pretended to talk to her mother. With this, he made the defendant get into the car and drop the girls off at one of them’s house.
This group attack was evaluated by the Palma Court. Only two of the three defendants could be tried. The two men agreed that this was consensual sexual intercourse. This version contradicted the testimony of the victim, who claimed that she had been raped. The judges gave the woman more dignity. The sentence was very powerful. He sentenced each of the defendants to thirteen and a half years in prison.
This penalty was appealed to TSJB. The Chamber accepted part of the objection as follows: to the highly qualified mitigation of excessive delays. The trial in this case was held five years after the events occurred. In no case is the defendant responsible for this delay, but the poor functioning of the courts. Therefore, the magistrates considered that a high-quality mitigating circumstance should be applied, This in itself meant reducing the sentences of the two defendants.
But in addition they took advantage of the controversial ‘yes means yes’ law. Thanks to this change in the Criminal Code, the corresponding sentence for both defendants was five and a half years in prison as the perpetrator of the crime of sexual assault. In other words, by applying the law, the courts shortened the time the two defendants had to serve in prison by eight years with the stroke of a pen. Thirteen and a half years’ imprisonment His sentence was determined as five and a half years. They will both have to go to prison, but for a much shorter time than they originally planned.