The Court of Soria refuses to apply the "Law of yes is yes" to a sexual offender who was sentenced to seven years

SORIA, 16 Dic. (EUROPA PRESS) -

The Provincial Court of Soria has refused to review and reduce the sentence of a sexual offender on the grounds that the seven-year prison sentence imposed on him in 2018 under the previous Penal Code was not the minimum sentence and, furthermore, that higher sentence it could have been imposed with the reform introduced by the Organic Law of Comprehensive Guarantee of Sexual Freedom.

According to the Chamber, in the 2018 judgment "it was expressly excluded (Sixth Legal Basis of the aforementioned Judgment) that he should be sentenced to the minimum sentence of the criminal precept applied, which prevents the sentence from being reviewed as claimed in the petition of the defendant, since the review would only fit in the case that the penalty had been set in its minimum extension (six years)".

The magistrates add that "the sentence of seven years in prison, then imposed, is also taxable with the new legal regulation, since it is within the lower half of the sentence set by the current article 179 of the Penal Code."

The Provincial Court of Soria sentenced a man in April 2018 to seven years in prison for the crime of sexual assault on a woman. He also imposed seven years of probation on him and the prohibition to approach the victim within 500 meters, both from his person and from his home, workplace or any place of use frequented by it.

He also prohibited him from communicating with her by any means or procedure for a period of twelve years, a sentence that will be served simultaneously with the imprisonment imposed. The events occurred in 2015.