The Court of Asturias releases a man convicted of various sexual crimes applying the law of 'only yes is yes'

OVIEDO, 24 Ene. (EUROPA PRESS) -

The Third Section of the Provincial Court of Oviedo has notified this Tuesday an order ordering the release of the man convicted of two crimes of consummated rape; a crime of attempted rape; and a crime of attempted sexual assault. This is the second convicted of a sexual offense to be released from prison in Asturias after the entry into force of the new "only yes is yes" law.

With the new law, the Chamber has agreed to review the final sentence pronounced with respect to the prisoner. For each of the consummated crimes of rape, reduce the sentence imposed from 7 years in prison to 5 years in prison. For the crime of attempted rape, reduce the sentence imposed from 4 years in prison to 3 years in prison. And maintain the 7-month prison sentence imposed for the crime of attempted sexual assault.

Based on the review of the enforceable sentence that the Court has carried out in application of the L.O. 10/22 of September 6 it turns out that the reduction in up to 5 years of the sentences imposed determines that the prisoner would have already served them.

In addition, it is observed that if, due to the fact that the most serious sentence imposed at the time was 7 years, which triple would mean a sum of 21 years that excluded the legal accumulation provided for in article 76 of the Penal Code, with the review that has taken place triple the most serious sentence, 5 years in prison, also exceeds the framework of possibilities provided for in that substantive precept, which implies that the sentences were fulfilled in any case.