The Supreme Court confirms the sentence of 15 years in prison for a man who raped his son for 5 years

It explains that it is not appropriate to review the sentence because the law of 'only yes is yes' is not more favorable in this case

MADRID, 27 Ene. (EUROPA PRESS) -

The Supreme Court (TS) has confirmed the 15-year prison sentence imposed on a man for continuously sexually assaulting his son and with intimidation from the age of 12 to 17, considering that the wording of the law on 'only yes is yes' is not more favorable to him.

The magistrates have explained that in this case the Organic Law for the Comprehensive Guarantee of Sexual Freedom is not more beneficial for the convicted person, because the sentence that was imposed with the previous Penal Code can also be imposed with the current wording of the norm and because After the penal reform, it would be appropriate to aggravate the penalty of deprivation of parental authority and raise the special disqualification to practice any profession or trade in contact with minors.

Thus, in a sentence to which Europa Press has had access, the Criminal Chamber has dismissed the appeal filed by the man against the sentence of the Superior Court of Justice of Galicia that confirmed the decision of the Court of A Coruña in sentence him to 15 years in prison for a continued crime of sexual assault.

The Galician courts considered it pertinent to impose what was the maximum penalty provided for in the Penal Code before the reform for crimes of sexual assault. At the request of the convicted person, the Supreme Court has studied the case to determine whether or not the penal reform promoted by the 'only yes is yes' law should be applied retroactively.

The magistrates have explained that the facts declared proven fit into the new wording of the legal text, for which they have ruled out making a reassessment of the sentence or proposing a retroactive application of the norm and have agreed to maintain the sentence of 15 years.

According to the sentence, the events date back to 2013, when the convicted person "began to make multiple sexual contacts with his son, who was 12 years old at the time."

The attacks took place at the home in A Coruña where they both lived with the mother and two brothers of the minor, at least "once or twice a week", when they were alone because the mother left home to work.

The convicted man created a "climate of domination and fear" that made the minor give in on numerous occasions until 2016. From 2017 to 2019, the attacks increased, since the father managed to "manage him easily, making him believe that he was a secret between them and nobody could know it".

The minor "began to be aware" of the attacks when he was 14 years old, but out of fear he did not rebel. It wasn't until he was the victim of an assault when he was 17 years old that he left home and, "with the support of his girlfriend", he decided to tell his mother everything that had happened that late.

After speaking with his mother, he underwent biological tests that confirmed the sexual assault committed that day by his father. "Due to the situation experienced, the minor has suffered physical and emotional disorders, concentration difficulties, decreased school performance and social interaction."