There will be no broad revisions to sentences or actions; changes will occur only at the request of the involved parties. Yet the Alicante judges are signaling a shift: penalties may drop under the new Sexual Freedom Act, even as they start from the premise that adjustments should be made only when parties ask for them. In Alicante, a gathering of magistrates took place this Friday to align their approach in response to ongoing requests from lawyers seeking sentence reviews as the new provisions come into force. The President of the Alicante Court, J. Carlos Cerón, explained that punishments will not be personalized in advance, but if a prisoner has completed a final term and the new law allows a shorter sentence for the offender, reductions will have to be applied.
At the same time, the court’s judges denied any automatic ex officio review of all penalties for sexual assault. Any action will be taken only at the parties’ request, with others invited to decide on the claim once a request is made. Some lawyers were warned during the meeting that proposing a reduced sentence would be assessed carefully. Sources cited by this publication indicate there have been instances where the court acted ex officio when it was determined that the convicted individual qualified for a lighter sentence under the new law. Nevertheless, judicial sources note that the penalties established by the law will be applied, and if any prisoner’s sentence must be reduced, retroactive adjustments will be required.
As days pass, the flow of requests for criminal investigations by defense teams continues. For now, the process remains in the investigation phase, with prosecutors expected to provide explanations in due course. The new rules will be mandatory in cases where victims are directly involved in a specific charge. It was initially estimated that about 180 penalties might be subject to review, but in recent days only two of the court’s criminal divisions have produced counts, with approximately 120 resolutions identified. The eventual total is expected to be higher. As agreed in Friday’s meeting, action will be taken only upon the request of one party, and a universal standard will not apply to all scenarios. Each case will be analyzed on its own merits.
The Sexual Freedom Act eliminated the distinction between sexual abuse and sexual assault, so any sexual act carried out without consent is considered sexual assault. While the penalties are being recalibrated, the new norm introduces a fresh set of penalties. Some offenders who previously faced the minimum penalty under the older law may now receive retroactive reductions, as the new standard lowers the potential punishment.
PP mobilizes against ill-treatment courts group
The People’s Party announced this Friday that it is pushing initiatives against the regrouping of judicial parties to handle Violence Against Women cases in other regions. The PP urged the government to reconsider this measure and review it with sensitivity to the issue. In the province, the measure affects San Vicente del Raspeig, which is brought under Alicante courts; Novelda moves to Elche; and La Vila Joiosa to Benidorm. In Valencia, the affected areas include Quart de Poblet, Carlet, Xàtiva, Moncada, Catarroja and Picassent. Miguel Barrachina, the campaign manager for PPCV, urged the Generalitat president to apologize to Valencia’s women, citing rising crime and fewer courts to defend them. This is the overall context observed by observers at the time of reporting.