reform Penal Code inside crimes against sexual freedom on what the government Pedro Sanchez Has been working since 2020, finally got in in effect last Friday, October 7th. However, the so-called The law of “only yes is yes” It generated a lot of controversy as it had the opposite effect of what was expected by the executive.
this Ministry of Equality, the main supporter of this law aims to transform with this amendment Any non-consensual sexual act in the crime of “sexual assault”. In this way sexual abuse so far they stipulated in the Criminal Code, disappeared to be classified as sexual assault.
And in the new text, they say, “Consent will only be understood when it is accepted”. manifested freely through actions Given the circumstances of the case, express one’s will clearly”.
The problem arose after the adoption of the law, which aims to aggravate sexual abuse crimes. Open the fork to reduce penalties for sex offenders. Article 178 of the Law was published BOE states that he will be punished with imprisonment from one to four yearsresponsible for sexual assault, who commits any act violating the sexual freedom of another person without their consent“.
And although the law also includes Aggravating factors that will increase the years spent in prison, For example, when “sexual assault involves vaginal, anal, or oral sexual access or the insertion of body members or objects in one of the first two ways,” most of those convicted of sexual assault offenses, including minors, have already benefited from the ‘law’just yes yesby captain Irene Monero.
Why are the sentences of sex offenders reduced?
As described by criminal lawyer and professor at the Law School of the J University of NavarraOse Maria de Pablo Via his Twitter account, reductions in sentences for sex offenders are happening because of the coalition government PSOE – Unidas Podemos. “I forgot to add the usual Provisional Clause limiting the possible cases of reconsideration of penalties.”
Warnings to the Government regarding the “only yes is yes” law
However, during the course of the law reform during these two years, the Government received several notifications that the errors it contained could lead to reduced sentences. But the Manager ignored it.
in February 2021 General Assembly for the Judiciary (CGPJ) The application of the most favorable rule derived from article 9.3 of the Spanish Constitution and article 2.2 of the Criminal Code constitutes a fundamental principle of criminal law.criminal laws in favor of the accused go backwards, although it relapsed when it came into effect the last sentence and the subject served a sentence‘”.
In practice, this means that the penalties for the most serious crimes will be reduced.
The announcement that the People’s Party MP once again impressed Marta Gonzalez Vazquez: “We have to remember once again that in practice this will mean that.” reduction in sentences for the most serious crimes, We do not believe that it is in the will of those who wrote this text, but in the end there will be an unpredictable outcome from lack of foresight and inability”.
However The Ministry of Equality is not the only responsible for the mistake in this law, for working with Ministry of Justice, then directed by Juan Carlos Campo; approved by Council of Ministers (there are several lawyers among them); there is Unanimous approval of the Financial Council and finally approved by the Congress of Deputies. 250 votes in favor, 141 against (PP and Vox) and three abstentions of the CUP
They want Irene Montero’s resignation
The Judicial Professional Association (APM) is demanding the minister’s immediate resignation. HunterAfter the head of equality accused judges of being “macho” in enforcing the law and reducing sentences for sex offenders.
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Irene Montero, in particular, made sure that “machismo can cause judges to misinterpret the law.” They find the minister’s statement “offensive” and condemn the fact that he created it. Widespread prejudice in the judiciary.
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