The law of “only yes is yes”
Agencies | EITB Average
This is the first time a high court has reviewed appeals for sexual assault cases. However, Supreme Court sources assure that in this case “the key turns more in alleviating age proximity” between the defendants and the victim.
Euskaraz irakurri: Gorenak Arandina auzia aztertuko du, “Baibakrik da bai” legearen polemika betean
this Supreme CourtIn a full-blown discussion of the implementation of the “only yes is yes” law, he reviews the sentence that three former football players were sentenced today. Arandina Football Club (Burgos) As the High Court of Justice of Castilla y León estimates that an attack on a child under the age of 15 is sexual abuse.
The Criminal Division meets to discuss and decide the appeals of the prosecution – requests to increase the sentence to 10 years – the private prosecution, the public prosecution by Clara Campoamor – both with 38 years in prison – and the appeals of the two convicted persons. demand acquittal – against the decision of the High Court of Justice of Castilla y León, which significantly changed the earlier decision by the Burgos Court, but It is unclear whether the court will uphold its decision. this Tuesday.
this First time Court sources say in this case that “the key is more Mitigating about age proximity“among the defendants (from 19, 22 and 24 years old) and victim (15 years).
However, on the same Tuesday the Second Circle will analyze other objections Against sexual assault cases in the Canary Islands, Andalusia and Castilla La Mancha. They note that last week it has already examined others, including one that refers to the Balearic Islands.
Prosecutor’s Office asked for increased sentences
The prosecution requested increase sentences to 10 years To Carlos Cuadrado Fought and Victor Rodriguez vitiHe was sentenced to 4 and 3 years in prison, respectively, with the petition he continued after the new law came into force.
After examining the new penalty range (6-12 years) introduced by the law, the prosecutor’s office, according to the norm, eliminated the crime of sexual abuseevents constitute sexual assault on a minor under 16, punishable by 6 to 12 years in prison for maintaining the claim for 10 years.
He did so because—at that key moment in contemplating the sexual assault—he did not think that the existence of intimidation could be proven, and characterized the actions as sexual abuse, with the affinity of the accused and the victim mitigated by age and maturity. although almost 10 years have passed between the woman and the oldest attacker. this Discussion on whether to apply this reduction It will be important in the Supreme Court.
In December 2019, the Burgos Court sentenced three former Arandina Club de Fútbol players (Carlos Cuadrado Lucho, Víctor Rodríguez Viti and Raúl Calvo) to 38 years in prison for sexually assaulting a minor on 24 November 2017. While reviewing the sentence, the High Court of Justice of Castilla y León acquitted Calvo and reduced Cuadrado’s sentence to 4 years in prison and Rodríguez’s sentence to 3 years, calling the actions not assault but sexual harassment.
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