This Court of Alicante Ha released another rapist under the interpretation of the “yes is yes” law. He is the second assailant freed after the criminal review initiated by judges of the Alicante Court because the new sentences have come into force. Forensic sources cited by this newspaper indicate a penalty reduction for 13 rapists, though the number of requests denied is not counted. Initial estimates suggested about 200 cases would be reviewed.
It was noted that the Supreme Court of Appeals made sentence reductions in cases like the Arandina incident, where former football players faced penalties for sexual assault. The tendency has been to apply the law in favor of the accused and to revisit any penalties that can be softened.
The First Division of the Alicante Court ordered the release of a man convicted of raping his ex-wife near Dénia on November 3, 2011. The decision led to a nine-year sentence for sexual assault, and the defendant has been imprisoned since 2014. Under the prior framework, the sentence would have expired on July 1, 2023. It was determined that the individual received imprisonment under the Sexual Freedom Act, with seven years served and the possibility of early release in sight. The Prosecutor’s Office objected publicly, arguing that reexamining the sentence was inappropriate since the new norms align penalties with the updated ranges.
The defendant, a Spanish national, had prior convictions related to gender violence. After ending the relationship, he reconnected with his ex-wife, and the couple drank together. In a secluded area near a car, the accused forced the victim to perform oral sex, a moment judged as proven. She tried to escape by kicking the passenger door, and officers arrived during the chase, stopping the attacker. The victim was found with her attire disrupted.
This instance marks the second case in Alicante where a sex offender has been released following a sentence review. Earlier reporting identified a separate case involving a man who raped a female employee at a call center in Marina Alta. Alongside these releases, eleven other sentences were reduced, though none of those effects led to immediate freedom for the imprisoned.
Private school
Among the cases where penalties were softened, a monitor at a private Alicante school received a total sentence of ten years after harassing two classmates and raping one. The defense, including lawyer Santiago Talavera, pushed to revise the Trial to reflect the new law. The verdict set two years for each of the two assaults and six more for rape. The defense argued that the updated rules should reduce the sexual assault term from six years to four.
Chapter Three of the judgment clarifies that the taxable penalty under the new law equals the maximum in the previous regime but two years below the minimum. It states that the sentence for this case did not involve a modification of criminal liability and thus remained at six years, the lower limit at the time of the crime. The court acknowledges an order that sets a penalty above the legal minimum, a point the defense hoped to see acknowledged.
The Callosa d’En Sarrià herd case
The Alicante Court is currently pursuing further investigations into sexual assault cases that caused social alarm, including the well-known Case of the Herd of Callosa d’En Sarrià. In that matter, four defendants requested a sentence reconsideration. The court has not issued a final decision yet.
Reduced penalties for a child molester and a pimp
A man who sexually assaulted an eight-year-old, and a pimp involved in trafficking, were two other instances where the court approved sentence commutations. Prison terms will continue, but with adjusted durations for these crimes.
In the first incident, a pedophile was sentenced to ten years and seven months for sexual harassment and improper exposure. After reviewing the defense’s arguments, the court shortened the term by one year. The sentence does not expire until October 2026.
The second case concerns a prostitution offender accused of harassing several women. The court reduced the nine-year term to eight years following the defense. However, the prisoner has multiple penalties and a maximum total of twenty years, so the person will remain incarcerated.