2023-10-20 09:46:24
The Supreme Court has annulled a sentence reduction by the ‘only yes’ law for a rapist, who saw his sentence reduced from 9 to 7 years in prison, because it considers that the regulations are not more beneficial for the prisoner, but On the contrary, there is a new aggravating factor that would increase the minimum sentence to 11 years.
The events occurred on June 25, 2015, when the woman, in response to the insistent calls from the convicted man, met him in a pub in Novelda and there she told him that she wanted to leave the relationship, after which they both left in the car. he. During the journey, she continued explaining to him that she felt bad and that she needed to finish until at one point the convicted man turned onto a rural road between Novelda and Aspe, stopped the vehicle and tried to rape her shouting “slut” and “whore.”
She broke free and ran out of the car, but he caught up with her, pushed her and on the ground he kicked and punched her all over her body, including her head and face, leaving her semi-conscious. After seeing the violence with which he had attacked her, he told her “baby, how I put you” and he took her to the Aspe Emergency Service, telling her that he had to say that she had fallen off her.
The Alicante Court sentenced him to 12 years in prison for the crimes of rape and injuries with the aggravating circumstance of kinship.
With the entry into force of the ‘yes means yes’ law, the convicted person requested a review of his sentence for the crime of rape and the Court reduced it from nine to seven years considering that the new regulations were more favorable for the convict.
The victim appealed and the Supreme Court now agrees with him by amending the position of the Alicante Court, emphasizing that the law of ‘only yes means yes’ is not more beneficial for the convicted person, but rather the opposite.
In this regard, the Chamber explains that the new law incorporates another regulatory element on which a specific aggravating circumstance is based, which was not provided for in the law applied by the court at that time, relating to when sexual assault is accompanied by extremely serious violence. , “an aggravating assumption whose presence is clearly identified” in the proven facts.
The magistrates say that “the perpetrator used intense, unusual, prolonged violence against the victim, disconnected from any commissioning functionality” that “can be classified, in regulatory terms, as extremely serious.” That is why they understand that the law of ‘only yes means yes’ cannot be considered more favorable, since the minimum sentence imposed with two aggravating factors (kinship and extreme severity) would be eleven years, notably higher than that imposed in the sentence. firm, so the Chamber “repeals the reduction of the sentence” decided by the Court.
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