The reviews for the 'yes is yes' endorsed by the TS: prostitution of minors, family abuse or violations in robberies

Of the 21 known cases, the Supreme Court revoked a reduction, confirmed 7 and supported maintaining 13 convictions

MADRID, 8 Jul. (EUROPA PRESS) -

The Supreme Court (TS) endorsed in its monographic plenary session in June the reviews of final rulings made by the lower courts after the 'only yes is yes' law, a total of 29 cases of which 21 have been known in full, which include convictions for raping and prostituting a minor used as a "servant", sexual assaults on members of one's own family and robberies. Of these, the Supreme Court revoked a reduction, confirmed 7 and supported maintaining 13 convictions.

Among the cases where the Supreme Court confirmed sales, a case (2817/2023) that occurred in a nightclub in Madrid stands out. A man came with two women and, at one point in the early morning, with the "excuse" of taking home one who "was dizzy from having drunk too much", they went to another place where he proposed to have sex and, as she refused he assaulted her. He managed to escape and ask another girl for help. She reported that the victim "was barefoot, she was crying and her pants were down a bit."

The man was sentenced to 3 years in prison for attempted sexual assault. The Provincial Court reduced his sentence to 2 years, considering that the new law was more favorable for him. The Public Prosecutor challenged but the TS ratified the sentence reduction.

The magistrates also endorsed (2822/2023) the reduced sentence agreed by the Madrid Court for a man, who went from 8 years to 6 years and 8 months in prison. One night he met a girl at a disco, where they were dancing. After taking him to her house, the convicted person began to touch her and, when she objected, the sexual assault took place. When he fell asleep, she fled the house.

In ruling 2810/2023, the Supreme Court confirmed the reduction of the sentence to 13 years in prison for rape, 3 years for robbery with intimidation, one year for injuries and another for trespassing against a man who entered a house to rob and, coming across a woman who was cleaning in her underwear, he threatened her with a knife, tied her up and raped her. He then took 95 euros that he found. The Almería Court revised him downward, leaving the sentence at 9 years and 8 months in prison.

The Supreme Court addressed a similar case (2828/2023), that of a man sentenced to 6 years in prison for a sexual assault he committed after breaking into the home of a woman in Ibiza, whom he surprised while she was lying on Your bed. "If you scream or cause me any trouble I'll hit you and if you make any noise you'll wish you were dead," she told him.

The Court of Palma de Mallorca agreed to reduce his sentence from 6 to 4 years in prison. The woman, however, resorted to considering the reduction inappropriate. The Supreme Court confirmed the reduction of the sentence but partially upheld the woman's appeal, imposing the accessory penalty of disqualification.

The TS also supported, in ruling 2821/2023, the decision of the Court of Pontevedra to lower the sentence of a man who abused his two daughters, whom he threatened and intimidated so that they would not tell anything. He also ratified, in ruling 2819/2023, the reduction of the sentence from 8 to 7 years in prison agreed by that same hearing for a man convicted of sexual assault.

On the other hand, among the 13 cases where penalties are maintained, the Supreme Court addressed in resolution 2809/2023 that of a 15-year-old adolescent, with an "intellectual capacity at the limit of normality" who "came from a problematic family" and ran away from home A 32-year-old man put him up at his house, began by abusing and finally raping the boy. He came to beat him, threaten him with a burning knife and prostitute him, keeping the money. He was also his "personal servant".

The young man managed to tell his situation and the attacker was arrested and sentenced to 14 years for continued sexual assault, 6 years for prostitution of minors and 3 years for coercion. The Valencia Court refused to review and the TS too.

The Supreme Court also analyzed the case (2826/2023) of a man who suffered "maturation delay" and who "took advantage of the ancestry" he had over a child under 13 in his family to sexually abuse him in different family gatherings.

He was sentenced to 11 years in prison by the Cádiz Court and his defense appealed to the Supreme Court, which reduced the sentence to 5 years and 6 months in prison with the mitigation of mental disturbance. After the entry into force of the 'only yes is yes' law, he again went to the Supreme Court, which on this occasion refused to lower.

In another case related to minors (2820/2023), the Supreme Court confirmed the 10-year sentence against a man for continuously raping a minor under 16 years of age. This sentence of the Court of Las Palmas de Gran Canaria was confirmed by both the Canarian TSJ and the TS. With the "only yes is yes", the convicted person asked that his case be reviewed, but the TSJ denied it.

In ruling 2824/2023, the Supreme Court ruled on the case of a father who touched his 7-year-old son and his 6-year-old daughter. With the minor it stopped when he turned 8 but with the girl it continued beyond of that age. Sentenced for continued sexual abuse to 12 years in prison, the Supreme Court confirmed the decision of the Court of Las Palmas de Gran Canaria not to review the sentence.

Another of the events analyzed (2829/2023) was that of a man sentenced to 10 years in prison for a crime of sexual abuse against his minor son when his wife was absent from home. The Court of Cádiz denied a reduction in the sentence, in a decision sealed by the TS.

The high court also rejected (2823/2023) to revise downward the sentence of a man sentenced by the Madrid Court to 12 years in prison as the perpetrator of a continued crime of sexual abuse of a minor with the aggravating circumstances of prevalidation for relationship.

In sentence 2816/2023, the Supreme Court also endorsed the decision of the Court of Castellón not to review the sentence of a convicted person for nine crimes of prostitution and corruption of minors, as well as others of sexual assault and abuse.

The same happened in a case (2811/2023) in which the Court of Las Palmas rejected the review of a sentence, an end confirmed by the TS;, or in another case (2825/2023) in which the Court of Madrid He denied reducing the sentence of a man who abused a woman who pretended that she was asleep "because of the fear" that the situation caused her.

In ruling 2818/2023, the magistrates also refused to reduce the 14-year prison sentence imposed by a court in A Coruña on a man for a continued crime against sexual freedom.

And in three different sentences (2812/2023, 2813/2023 and 2814/2023) the Supreme Court endorsed the decision of different provincial courts not to review the conviction of three sexual offenders.

The only case that caused division among the 15 magistrates (2827/2023) was that of a girl who was sexually assaulted by three men when she got off a train in the Madrid municipality of Coslada. The one who received the longest sentence, 24 years, was sentenced to the minimum sentence of the moment, for which the Madrid Court lowered him to the new minimum, 15 years. The majority (10 magistrates) supported maintaining the reduction with the dissenting vote of five.

Another different case (2815/2023) is that of a young man who, being of legal age and being in the care of his brother, a stepbrother and a stepsister, sexually assaulted the latter -whom he was seven years older-. She was traumatized. The Court of Palma de Mallorca lowered his sentence from 14 years to 12 years and 9 months due to the 'only yes is yes' law.

The prosecutor appealed and the TS agrees with him since it points to an "error" on the part of the Provincial Court "in determining the now applicable penalty." The high court concludes that Law 10/2022 is not more favorable and revokes the reduction applied.