The Court of Cáceres reduces 9 months in prison to a convicted person by applying the law of 'only yes is yes'

In another case, it does not review the sentence because with the new norm it would mean an increase in the sentence

CÁCERES, Dec. 19 (EUROPA PRESS) -

The Provincial Court of Cáceres has entered to review two sentences in accordance with the Organic Law of Comprehensive Guarantee of Sexual Freedom, known as the 'only yes is yes', reducing in one of them the sentence of 3 years in prison to 2 years and three months to a person convicted of a crime against the sexual indemnity of minors.

In the other order, the Court establishes that there is no room for review and that with the new regulations the penalty would even be two years higher than the 11-year sentence to which he was sentenced.

Regarding the order in which the sentence is reviewed, the Court indicates that the sentence of 3 years in prison exceeds the maximum that can now be imposed on the convicted person with the new regulation.

The Chamber indicates that it must be taken into account that it is a judgment of conformity in which the judgment lacks specific motivation in order to individualize the sentence.

Likewise, it affects the regulation of the crime against the sexual indemnity of minors under 16 years of age introduced by this law when the modalities of sexual assault of article 178 of the Penal Code do not concur, as is the case at hand. In addition, it emphasizes that there is a penological margin of 6 to 12 years in prison.

This being so, and taking into account that the final conviction establishes that, due to the concurrence as highly qualified to repair the damage, the penalty to be imposed is the lower one by two degrees, and that said penological margin now covers from 1 year and six months up to 3 years in prison, the review is appropriate.

Thus, this reduction also leads to modify the rights of prohibition of approach and communication with the victim, which remain in 4 years and three months.

Regarding the other order issued by the Provincial Court of Cáceres, it indicates that there is no reason to review the 11-year sentence imposed on a person convicted of a continued crime of sexual assault in the form of rape, concurring the aggravating circumstances of recidivism and kinship, as the new regulations are more unfavorable to the prisoner, thus rejecting the request for review of the defendant's defense.

Against the two orders it is possible to file an appeal before the Superior Court of Justice of Extremadura, as reported this Monday in an informative note by the Extremadura high court itself.