JAEN, 22 Nov. (EUROPE PRESS) -
A man sentenced by the Jaén Court to six years in prison for sexually assaulting a young woman in a portal in the capital Jaén has requested that his sentence be reduced to four years in prison in application of the new punitive catalog established by the Law on Sexual Freedom , popularly known as the 'only if is yes' law.
It was the Third Section of the Jaén Court that in September 2019 issued a sentence in which this man was sentenced to six years in prison as the author of a crime of sexual assault and a minor crime of injury. He did so after the defendant himself, during the trial, acknowledged the facts and pleaded guilty in order to benefit from the reduction in sentences compared to what was initially requested by the Public Prosecutor's Office and which were ten years in prison.
As confirmed by the Superior Court of Justice of Andalusia (TSJA) to Europa Press and advanced by the newspaper Abc, the defense of the convicted man, 54 years old and who has been in prison since September 2019, has presented a brief in the Third Section of the Court of Jaén asking for a downward revision of the prison sentence, in accordance with the new law.
From the Third Section, the Provincial Prosecutor's Office will be transferred to report on the request made and once the Public Ministry's pronouncement is received, the court will meet to finally decide on the request made by the defense of the convicted person. If finally estimated, it would mean the release of the defendant from prison after having served a little over three years of sentence, which allows him to take advantage of the prison benefits established for when the sentence is practically executed.
The sentenced facts date back to December 3, 2017. At about 3:00 a.m., the defendant found himself on Isaac Albéniz street, in the capital of Jaén, with a woman whom he did not know at all, but whom "with desire to satisfy his libidinous desires" he assaulted and cornered against a wall to begin subjecting her to all kinds of touching.
Despite the victim's resistance, the defendant forced her into a nearby doorway where she finally committed the rape. The woman gave her several potatoes and she resisted until she was finally able to get away from the defendant and go out into the street. The defendant followed her through the streets until third parties came to the aid of the young woman.
The sentence imposed responded to a crime of sexual assault for which he was also imposed seven years of probation after serving his prison sentence. In addition, he was prohibited from approaching or communicating with the victim for seven years after his release from prison.
He was also fined 810 euros as the author of a minor offense of injury. As regards civil liability, the ruling established compensation for the victim of 7,500 euros for injuries and moral damages.