They are a sentence for abuse of a minor and another for sexual assault
BARCELONA, Nov. 30 (EUROPA PRESS) -
The Barcelona Prosecutor's Office has presented this Wednesday two reports in which it opposes reviewing two sentences under the 'only yes is yes' law.
Sources from the Prosecutor's Office have explained that the first is a sentence from section 7 of the Barcelona Court, already confirmed by the Superior Court of Justice of Catalonia (TSJC), which sentenced a young man for continued sexual abuse and corruption of minors to 12 and a half years in prison.
The defense of this man has asked to review the sentence before the entry into force of the "only yes is yes" law, and claims to acquit him of abuse given "the slight difference in age between the convicted person and the victim", who was 13 years old .
The prosecutor has opposed it because this reference to the age difference already existed in the previous law and therefore does not see "any significant novelty" to change the sentence.
The defense has also argued that, if he is not acquitted, his sentence will be reduced to a maximum of seven years, taking into account the new range of penalties established by the "only yes is yes" law.
However, the prosecutor points out that the new wording of the law, as it deals with penetrative sexual abuse of a minor under 16 years of age, allows him to be sentenced to 9 years in prison.
To also argue against this reduction, the prosecutor states that "traditionally it has been admitted that, regardless of whether the maximum and minimum limits of the penalty established in a criminal type are modified as a result of a reform, if the custodial sentence of liberty imposed before the legislative amendment is also likely to be imposed under the new wording, there will be no room for review of the conviction".
The second case that the Prosecutor's Office has opposed to review is a sentence, also from section 7 of the Barcelona Court and also already confirmed by the TSJC, to six years in prison for sexual assault and minor injuries.
The man's defense asked to reduce the sentence because the "only yes is yes" law sets the minimum sentence for this crime at four years instead of the six to which he was sentenced, but the prosecutor again argues that "with Regardless of whether the maximum and minimum limits of the penalty established in a criminal category are modified as a result of a reform, if the custodial sentence imposed before the legislative modification is also capable of being imposed in accordance with the new wording, there will be no room for review of the conviction."