PALMA, 1 Feb. (EUROPA PRESS) –
The Justice has revised downward 28 sentences for sexual crimes in the Balearic Islands in application of the Organic Law of Comprehensive Guarantee of Sexual Freedom, known as the ‘Law of only yes is yes’.
According to data from the Prosecutor’s Office consulted by Europa Press, of the 28 sentences reviewed with a reduction until this Monday, all were against the criteria of the Prosecutor’s Office, except five cases.
All those sentences in which the Prosecutor’s Office was against a downward revision have been appealed, except for two cases.
In this way, the total number of those convicted of sexual crimes who have already benefited from their sentences by the “only yes is yes” law would amount to at least 348 people throughout Spain, between lower sentence reviews and subsequent sentences. in application of the standard.
In the Balearic Islands, in November the Provincial Court ordered the immediate release of two prisoners who were serving a three-year prison sentence for two sexual assaults without penetration after reviewing two cases affected by the new Law. It was the first case that came to light in the Community.
The Supreme Court assured in its ruling on the ‘Arandina case’ that the application of the Organic Law of Comprehensive Guarantee of Sexual Freedom is “mandatory” because it is “more favorable” to the prisoner.
The high court had to make use of the penal modification when reviewing the sentence of the ‘Arandina case’ and sentenced two former players of that football club to 9 years in prison -and not 10, as requested by the Prosecutor. the law of ‘only yes is yes’.
The magistrates raised the sentences – from 4 and 3 years that the TSJ of Castilla y León had set – after eliminating the mitigation that had been appreciated due to the closeness of age and maturity between the convicted and the victim.
The Supreme Court has already reduced 9 prison sentences related to crimes of sexual assault since the reform of the Penal Code entered into force. One of them has led to a release in the Basque Country.
The Government is already working on a reform of the Law to solve the “undesired effects” of the reduction of sentences for sexual offenders. The PSOE ensures that its proposal “does not touch the article of consent.”
