MADRID, 25 Nov. (EUROPA PRESS) -
The Criminal magistrates of the Provincial Court of Madrid have reduced the sentences in two new sentences made public to a man convicted of raping his daughter and a child molester in application of the review of downward sentences that the Guarantee Law entails Comprehensive Sexual Freedom, known by the law of 'only yes is yes'.
The Madrid Justice has already reduced, according to the Law promoted by the Minister of Equality, Irene Montero, twenty convictions for crimes against sexual freedom and six people have been released from prison. In total, there are 447 cases of sexual abuse and/or sexual assault that are firmly convicted, with a convicted person admitted to prison, that can be reviewed.
In one of the new cases made public, the magistrates of Section 30 reduce in a sentence, to which Europa Press had access, the sentence of a man who raped his daughter several times. Antonio E.M. was sentenced in November 2011 to fourteen years in prison for the crime of rape.
After the entry into force of the new reform, the prosecutor and his defense were notified so that they could report on which law was most favorable to the prisoner.
In his brief, the defense requested the application of article 2.2 of the Criminal Code, which states that "those criminal laws that favor the defendant will have retroactive effect, even if a final sentence had been handed down when they entered into force and the subject was serving a sentence."
In the sentence, the Section 30 magistrates agree to review the sentence and set the new sentence at thirteen years in prison, in accordance with the application of the new law.
In another of the known cases, the magistrates of this same section lower the sentence of a sexual abuser of a minor. As stated in the resolution, the Provincial Court of Madrid sentenced this man in June 2017 for a continuous crime of sexual abuse of a minor under 16 years of age to a sentence of ten years and one day.
The judges reduce the aforementioned sentence to nine years in prison in accordance with the new regulation of this crime, now punishable between nine and two years in prison.
These reductions are added to the other three known cases of downward revisions by magistrates of the Provincial Court of Madrid, including that of an English teacher who abused several minors and who was released.
This is the case of a primary school teacher from a school in San Sebastián de los Reyes who was released the same day the law came into force when his sentence was reduced from 6 years to one year in prison.
In fact, his lawyer announced after uncovering the case he is studying to request compensation from the State for spending more than three years in pretrial detention for facts that now do not constitute a crime.
In another order, dated November 7, the magistrates of Section 17 of the Madrid Court agreed to review the sentence imposed on a convicted person in a final sentence, dated May 2021, reducing the sentence from 8 years to six years in prison.
The events of this procedure occurred at dawn on April 3, 2020 when the convicted man, a Honduran national, abused the 13-year-old daughter of his sentimental partner.
The same Section agreed to review the sentence imposed in a final sentence on a man convicted of a crime of sexual assault, according to the order of November 4 to which Europa Press has had access. In this case, the magistrates considered it pertinent to reduce "the sentence imposed from six years in prison to four years in prison" because it was "more favorable to the prisoner."