Second Part of the Asturias Court Case
The case centers on a 61 year old man identified as José Antonio MH who faced a lengthy legal process after being accused of raping his sister in a Lugones apartment on Calle Luis Braille. Initially, a sentence of six and a half years had been proposed, but the enactment of the new law known as the only yes is yes reform required a reduction. Since December 2018 the defendant had already been in custody, and the reduction to four years reflected the law’s impact on penalties for sexual offenses. This case marked a notable application of the Sexual Freedom Guarantee Act within Asturias and illustrated how the law shifts penalties and protections for victims.
The second phase of the trial began with an ex officio request for a sentence reconsideration on 22 November. The parties were invited to present arguments according to their positions. Prosecutors and the private complaint by the assaulted party objected to any penalty reduction. The defendant’s legal representatives did not present arguments during this stage. On 29 December 2022 the court decided to move forward to a formal trial to determine the final penalties.
In the verdict issued on 3 January, the court found José Antonio MH responsible for sexual assault and related crimes. The ruling also covered threats, illegal restraint, and a ban on close contact with the victim and her family for nine years. A prison sentence of six years and six months was imposed for the first set of crimes, and a separate penalty of five years applied for another offense. The court noted that under the current regulation the acts fell within a range of two to eight years of imprisonment, but opted to set the sentence at four years in the lower part of the middle range. This decision maintained proportionality and individualized consideration required by the law and aligned with a Supreme Court directive from late November 2022. The ruling also limited the victim and her family’s contact with the defendant for six years and six months rather than nine years, reflecting the court’s interpretation of the reform measures.
According to the Court’s Account
The incidents occurred around eight in the evening on 11 December 2018. The involved family, engaged in scrap metal work, encountered a scenario where the brother of the victim pressured his sister to accompany him to collect scrap metal. The husband of the victim was away at the time, and the two adults, along with the man’s son, moved through a nearby area toward the apartment where the events unfolded.
Witnesses described a tense sequence as the accused began issuing threats. He warned the victim to obey and indicated that consequences would follow if she did not comply. The accused displayed a knife during the confrontation and insisted on controlling the situation. After forcing the victim to leave the area with him, they proceeded toward the apartment where the assault took place. Once inside, the defendant drank coffee and ate while forcing the victim toward a private room. The accused then directed the victim to remove clothing and proceeded with sexual advances while repeatedly demanding compliance.
A knock on the door interrupted the assault. The defendant responded by telling the victim to remain silent and to pretend nothing was happening, asserting that the police were on their way. The couple outside grew anxious and searched for the victim, prompting the defendant to attempt an exit. He left briefly but later returned to depart again. The victim later described the fear and confusion she felt during the incident as it unfolded in a dark Lugones street setting.
The victim sought medical attention at the San Agustín Hospital the same night and later reported the crime to the police the following day. The case drew attention to the application of the reform measures and the ongoing assessment of penalties for sexual crimes within the regional system. The court’s decision highlighted the tension between strict statutory ranges and the need to tailor sentences to the specifics of each case, including the circumstances of the offense and the defendant’s conduct during the trial.
Notes from the proceedings reference the importance of adhering to updated sentencing guidelines and the judiciary’s commitment to balancing deterrence with fairness for both the survivor and the accused. The narrative remains a point of reference in discussions about the reform law and its practical implications in Asturias and beyond.
Cited material indicates ongoing legal interpretation and the role of the courts in applying new provisions to protect victims while ensuring due process for defendants. The case continues to influence discourse on how best to implement reforms that affect sentencing, contact bans, and the overall handling of sexual offense cases.