The Girona Court sentences 2 and a half years for rape with the law of 'only yes is yes'

Applies to the defendant two mitigations of undue delay and repair of the damage

GIRONA, 29 Nov. (EUROPA PRESS) -

The Girona Court has sentenced a man for the crime of rape to a sentence of two and a half years in prison applying the law of 'only yes is yes' and after taking into account two extenuating factors, undue delay and damage repair .

The sentence, consulted by Europa Press this Tuesday, also imposes a restraining order from the victim for five years, condemns him for a crime of minor injuries to a fine of 300 euros and acquits him of a crime of unjust harassment for which was also tried.

In January 2018, the man argued with the woman at her house in Blanes (Girona), they went to the bedroom and "the defendant laid her on the bed, grabbing her by the wrists forcefully and, standing on top of her, tried to kiss her" and then he took off her clothes, sexually assaulted her, and then threw her to the ground.

The magistrates value that when condemning him for these facts they must "opt for the current legislation, clearly more beneficial for the prisoner by proposing as a point of descent the minimum of the penalty indicated by law for the crime."

The sentence attributes the lowering of the minimum sentences for sexual crimes to "the constitutional obligation of the legislator with the principle of proportionality of the sentences, when he works towards the voluntary unification of all conducts that suppose attacks against sexual freedom as sexual assaults, combining a series of behaviors of diverse nature in the same precept, without offering penological rules for the differentiation of one and the other".

They add that this "has caused a downward reading of the minimums that the law previously contemplated for sexual assaults produced with violence or intimidation, since at the same time it contemplates cases that were previously sexual abuse due to obtaining a flawed consent."