The TS lowers the sentence in application of the Yes is Yes Law to two brothers who got drunk and raped a minor babysitter

Reduces the sentence from 14 to 12 years for one of them who raped her twice and from 7 to 6 for the other, who raped her once

MADRID, 28 Ago. (EUROPA PRESS) -

The Supreme Court has reduced, in application of the so-called "only yes is yes" law, the prison sentences imposed on two brothers who got drunk and raped a minor who was going to their house in Madrid to do babysitting work.

The magistrates have agreed to reduce the sentence of one of them from 14 to 12 years for raping the minor twice; the other has had his sentence reduced from 7 to 6 years in prison for once raping the young woman, who was 17 years old at the time.

The Supreme Court has modified the sentences against the criteria of the Prosecutor's Office, which understood that it was not appropriate to apply the Organic Law of Comprehensive Guarantee of Sexual Freedom retroactively because it considered the sentences imposed "proportionate". In a sentence, to which Europa Press has had access, the court has explained that, with the new law, the sentence range is lower and the sentence imposed must be lowered.

In the resolution, for which Judge Carmen Lamela has been a rapporteur, it is stated that the events date back to April 2017, when the minor went -as her aunt had ordered her- to the defendant's house to work as a caregiver of a two month old baby. After explaining to her what her work would consist of, the man invited her to drink and began to touch her over her clothes, "despite the fact that she (the minor) asked him to stop saying that she wanted to leave."

As stated in the sentence, "the defendant, far from stopping, in order to cloud his senses, supplied him with several glasses of beer, making the minor reach a state of intoxication." That's when he raped her.

Two days later, the minor's aunt insisted that she should go back to work because "she had become engaged to the baby's mother." The young woman "felt compelled to return so as not to disappoint her aunt and because she needed the job," so she returned. On this occasion, the man again offered the minor alcoholic beverages and proposed to have sex. She refused.

That same day, the brother of the main defendant was in the house, who took the minor to his room against her will. She tried to resist, but her intoxicated state was such that she didn't make it. The man raped her. Her brother entered the room and took the minor to another room to rape her as well.

"Later, knowing that the baby's mother was about to arrive at the home, both defendants left the minor in the portal." She was found "wandering on the public road" and was treated by the SAMUR.

The Provincial Court of Madrid sentenced the first to 14 years in prison for two crimes of rape. The second was sentenced to 7 years in prison, also for rape. Both brought their case before the Superior Court of Justice of Madrid, which dismissed their appeals and confirmed the sentences on appeal.

After the 'only yes is yes' law came into force, the brothers were asked if they were going to request a review of the sentences. The Supreme Court has estimated the resources and has annulled the contested ruling.