A sentence for sexual abuse in Ceuta is reduced from 11 to 10 and a half years in prison by the law of 'only yes is yes'

CEUTA, Feb. 14 (EUROPE PRESS) -

Section VI of the Provincial Court of Cádiz based in Ceuta has lowered for the first time in the autonomous city against the criteria of the Prosecutor's Office and private accusations the sentence of a man convicted of sexual abuse applying the law of 'only yes is yes' ', which has led to a reduction in his time in prison from 11 years to 10, six months and two days.

The prisoner was sentenced almost seven years ago as the perpetrator criminally responsible for a continued crime of sexual abuse with the specific aggravations of carnal access by introducing bodily members and committing the act with the prevalence of a relationship of superiority or kinship". The Court has assumed that "in this particular case, the new law is more favourable" for him.

According to the order, the content of which has been known to Europa Press, in 2016 "the sentence of 11 years in prison was the minimum for the crime for which he was convicted" once individualized "to the point of setting it at its lowest limit" without the court "did not see or explain any reason for, dosing it, exceed said minimum punitive and establish it above it, for which the reasons should have been revealed".

In its resolution, advanced this Tuesday by El Faro de Ceuta, the Court, which has already reviewed other sentences for crimes of a sexual nature without lowering the sentences imposed, explains that "if we did not do it then because we did not believe it was appropriate, in no way We can do it now in this process, which would mean nothing less than completing the sentence with preterite and innovative reasoning with harmful consequences for the accused, which, as is well known, is prohibited in the field of Criminal Law".

In addition, the Chamber has considered that "once it is determined that one penalty is more beneficial than another, it must be considered globally, that is, not only the main penalty but also the accessory penalties that it entails."

For this reason, it has agreed to impose an additional period of 15 years, six months and two days of special disqualification for profession, trade or activity, whether or not they are paid, that involves regular and direct contact with minors and another of four years for the exercise of the rights of parental authority, guardianship, curatorship, guardianship or foster care of minors.