The Court of Alicante reduces the sentence of the rapist of a minor by one year in application of the law of 'only yes is yes'

   ALICANTE, 13 Dic. (EUROPA PRESS) -

The First Section of the Court of Alicante has agreed to the request of the defense of a man convicted of sexual assault on a minor and has reduced his sentence by one year, by application of Organic Law 10/2022, of comprehensive guarantee of sexual freedom, known as 'only yes is yes'.

In this way, the sentence goes from 13 and a half years -- which was finally set by the Supreme Court after partially estimating a cassation appeal of the convicted person in May 2020, compared to 14 years and three months in prison imposed by the Court in first instance-- to 12 and a half years, as reported by the TSJCV in a statement.

The court of the Hearing has made this decision based on the right of every convicted person to have the most beneficial rule applied to him, even if it is later than the moment his sentence is handed down, and in view of the fact that the Supreme Court considered, in the appeal judgment, that there were no circumstances that would advise "an increase in the penalty over the legal minimum that must be made by resorting to the upper half of the penalty indicated for the crime."

In this case, the court considered it proven that the defendant was a partner for four months with the mother of the minor. During all this time, he subjected the then eleven-year-old girl to practices of a sexual nature against her will, which began on Three Kings Eve in 2012 and were repeated every two or three days.

The court considered it proven that he did not hit the minor but did use physical force to grab her by the arms, lay her down on the sofa or undress her because she resisted. The girl confessed the facts, at the age of 14, first to her teacher and later to her mother, who filed the complaint.