The courts have already lowered at least eight abuse convictions for the 'yes is yes' and are expected to review dozens

The reviews carried out are subject to appeals that could reach the Supreme Court

MADRID, 16 Nov. (EUROPA PRESS) -

The courts have already lowered at least eight sentences of sexual abuse due to the application of the 'law of only yes is yes', promoted by the Ministry of Equality, and it is expected that they will have to review dozens of more sentences every time the reform of the Penal Code is "more favorable to the accused".

Among the cases that have emerged so far there are four in the Community of Madrid, two in the Balearic Islands, one in Murcia and one in Galicia. The magistrates have explained in their resolutions that the reductions respond to the application of Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom.

In line, the courts have recalled that although the 'law of only yes is yes' does not clarify whether or not it should be applied to procedures in process or with a final sentence, the Criminal Code itself indicates that "those criminal laws that favor to the prisoner"

In the courts of Madrid, four sentences have been reviewed, to whose resolutions Europa Press has had access, in which they have finally reduced the prison sentence of those convicted. In one of the cases, the sentence imposed before the law was reduced by up to five years. In the other three, the sentences for those convicted were reduced by two years.

Legal sources have specified that the Madrid Provincial Court is facing dozens of sentence reviews. Therefore, the presidents of its fifteen criminal sections have agreed to meet on November 25 to "unify criteria."

The sources consulted have stressed that the conclave was already set prior to the controversy that arose because it is usual when there is a substantive legal change.

The Superior Court of Justice of the Region of Murcia has confirmed the ruling of the Provincial Court that sentenced a defendant for an attempted sexual assault on a woman in July 2020, in the Alameda garden, near the Malecón, next to the A-30 motorway in Murcia.

The Murcian court, however, has modified the sentence imposed because it is "more favorable" for the prisoner to apply the 'law of only yes is yes'. Thus, it has reduced the sentence from 4 years and 6 months to 3 years and one day in prison.

As a result of the law promoted by Equality, the Provincial Court of the Balearic Islands has ordered the immediate release of two prisoners who were serving a sentence of three years in prison for two sexual assaults without penetration after reviewing the two cases.

In the Provincial Court of Ourense they have reviewed a sentence of 3 years and 6 months in prison imposed on the author of an attempted crime of sexual assault with carnal access. After the review, he has reduced the sentence to two and a half years in prison and has agreed to his release.

For its part, this week the Galician Superior Court of Justice has applied in a case the new penalties contained in the 'law of only yes is yes'.

It should be remembered that the reviews carried out by judges and courts are subject to appeal and that they could reach the Supreme Court (TS), the judicial seat called upon to establish jurisprudence.

This is the case of the order issued on November 7 by section 17 of the Provincial Court of Madrid, where the Supreme Court confirmed the sentence that convicted a man who abused a minor under 16 years of age. Finally, he has gone from 8 to 6 years in prison, although the magistrates emphasize that he is subject to an appeal before the Criminal Chamber of the Supreme Court.

"On the occasion of the reform operated by LO 10/2022, which entered into force on October 7, 2022, of reform of the Penal Code (CP) in crimes against sexual freedom, the minimum sentence contemplated in article 183.1 and 3 is 6 years in prison, which is why, in accordance with the provisions of article 2.2 of the Criminal Code, this is more favorable for the prisoner, for which reason the review proceeds in the sense interested by the prisoner", explained the Hearing of Madrid.

Likewise, they have stressed that in this case "it was considered prudent to impose the minimum sentence imposed at that time, for which reason the review must take place in the same terms, that is, reducing the prison sentence to 6 years with all the consequences that were favorable, for which reason a new sentence settlement must be made".

The sources consulted by Europa Press have specified that in some courts sexual abuse sentences have been reviewed after the entry into force of the law promoted by the Ministry of Equality and no modifications have yet been made.

In the Provincial Court of La Rioja, 54 sentences have already been reviewed after the entry into force of the 'law of only yes is yes' but so far none have been modified. Two requests for review have been received at the Cantabria Provincial Court, but they have not yet been resolved.

In other communities, such as Valencia, Extremadura or Galicia, for now there is no review, according to the sources consulted.