The Supreme Court of Spain has ruled on a case from Alicante that involves the application of the so-called 1yes means yes law to a sex offender. The ruling centers on how the Organic Law on the Comprehensive Guarantee of Sexual Freedom affects penalties when there is evidence of extreme or prolonged violence. The decision indicates that, in this instance, the reform does not reduce the prison term; rather, it contributes to maintaining or increasing a harsher sentence where warranted. The court emphasizes that the offender used intense, unusual, and prolonged violence. Following the reform of the Criminal Code, this level of violence calls for a prison term of at least 11 years, a higher floor than the 9-year baseline that previously applied to sexual assault. In the lower courts, the sentence was 7 years after a review.
Europa Press notes that the Criminal Chamber explains the Organic Law on the Comprehensive Guarantee of Sexual Freedom sets higher penalties when an attack involves extremely serious violence. In this context, the new legal framework is not beneficial to the prisoner, and the original sentence remains appropriate at 9 years of imprisonment.
She was attacked when she attempted to end the relationship
The offender was convicted of an assault in June 2015 after meeting his former partner at a hotel in Novelda. On that night, she expressed her wish to end the relationship, and they left together in the same car with plans to return to their respective homes. They deviated onto a rural road, where he assaulted her and shouted insults. She managed to break free and fled, but he pursued her and eventually caught up.
According to the sentence, he pushed her, she fell, and while she lay on the ground he delivered multiple kicks and blows to her body, including her head and face. She was left semi-conscious. The attacker allegedly told his partner, after witnessing the violence, to say that he had accidentally fallen, and she contacted emergency services, describing the incident as a fall. Paramedics were eventually alerted.
The Alicante Provincial Court sentenced him to 9 years for sexual assault and an additional 3 years for wounding. In January of the current year, the sexual assault term was reduced to 7 years under the provisions of the 1yes means yes law, on the grounds that it was more favorable to the offender. The victim, unsatisfied with the reduction, appealed to the Supreme Court.
The victim contended that her right to effective judicial protection was violated and criticized the non-application of the transitional provisions of the Criminal Code, arguing that these provisions eliminate the possibility of reducing the sentence established in the final ruling. The Public Prosecutor also joined the appeal. In the ruling, the Supreme Court states that there is no breach of any law due to the non-application of various transitional regimes raised in the criminal review procedure.
However, the judges examine whether the courts decision to review the sentence complies with criminal law principles, including the retroactivity of the Criminal Code according to the general jurisprudence of the Supreme Court. The court notes that the likely outcome remains negative. Consequently, the Supreme Court accepts the appeal, annuls the re-examination of the sentence, and reinstates the initial 9-year term for sexual assault.