VALENCIA, 24 Jan. (EUROPE PRESS) -
The defense of the ex-husband of the former Vice President and former Minister of Equality and Inclusive Policies, Mónica Oltra, has informed the Supreme Court that the application of the law known as 'only yes is yes', in the case of her client, does not reduce the five-year prison sentence that was confirmed by the Superior Court of Justice of the Valencian Community for sexually abusing a minor supervised by the Generalitat for whom he was an educator.
This is stated in a letter, to which Europa Press has had access, in which the defense of Luis Eduardo R.I. expresses his "iron conviction" that "the only two possibilities that should be favorably received are the nullity of the trial or the acquittal" of his client, as he stated in the appeal before the Supreme Court.
The letter responds in these terms to the TS that, in the middle of this month, raised the possibility of modifying his appeal against the conviction to the educator's defense to adapt it to the entry into force of the so-called 'law of only if it is Yeah'. The high court granted him eight days to adapt, "if he deems it appropriate", the grounds of appeal alleged to Organic Law 10/22, of September 6, on the comprehensive guarantee of sexual freedom.
However, the defendant's defense considers, "except for the best criteria of the Court, that the new Law would not be more favorable for the prisoner", and therefore will not adapt the appeal presented. Along these lines, he points out that his client was sentenced to five years in prison for a continuous crime of sexual abuse, with prevalence, of a minor under 16 years of age, provided for and punished in article 183.1 and 4 d) in relation to article 74 of the Criminal Code, consummated and with the simple mitigating circumstance of repairing the damage of article 21.5 of the Criminal Code.
In addition, he was prohibited from approaching less than 200 meters from the then-minor, from her home or from any other place where she is, as well as the prohibition from communicating with her for a period of ten years.
According to the defense, "the currently taxable articles would be the current article 181.1 in relation to articles 181.4.e) and 74 of the Penal Code, so we can easily see that the penological time slots are identical to those already provided for at that time" for those articles for which he was sentenced in accordance with the previous rule.
"Since it is a case where the minimum and maximum limits remain intact and invariable, it is for what we estimate that the new Law cannot be considered as more favorable for the prisoner, except for better criteria of the Second Chamber," he concludes. the defense.
The Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) confirmed the sentence of five years in prison for the educator, thereby endorsing the decision of the Court of Valencia to impose five years in prison for a crime of continued prevalent sexual abuse of a minor.