Spanish law that releases ‘unintentionally’ sex offenders puts pressure on government

The idea was to expand the fight against sexual violence. But a new law that took effect in Spain in early October has had the opposite of its aims: men convicted of rape have had reduced sentences and some have even been released.

The approval of the Sexual Freedom Law, known as the “solo sí es sí” law (only yes is yes), was a victory for the government of Prime Minister Pedro Sánchez, especially for his Minister of Equality, Irene Montero, of Podemos, in profile young —34 years old—, engaged and feminist.

The norm eliminates distinctions between abuse and sexual aggression and starts to consider all sexual interaction without consent with another person as an aggression. The change in nomenclature was accompanied by a greater detailing of possible penalties, and that was where part of the criminal system found loopholes.

At least 15 convicted of sexual assault had their sentences reduced, with 4 being released. In Spain, new laws can be applied retroactively, which has led to a flood of requests to review sentences.

Among the cases that have already become public, a man who sexually abused his underage stepdaughter had his sentence reduced from eight to six years. Another, a teacher who had sex with teenage students in exchange for drugs, had six years reduced.

By expanding the penalty ranges, the law made penalties for crimes such as gang rape more rigid, but those convicted of sexual assault with a minimum sentence of eight years saw it reduced to six.

Minister Irene Montero said that the problem is caused by judges who break the law motivated by sexist concepts. She argued that it is necessary to improve the training of judges.

“All detainees have the right to ask for a review of the sentence, but what is happening is an erroneous interpretation of the new law. The new Penal Code only says that conduct that was previously not penalized will now be looked at by Justice”, he said, in a recent interview.

The new law was inspired by the case known as La Manada, when five men raped an 18-year-old girl in San Firmino, Pamplona, ​​in 2016. They were initially convicted of sexual abuse after Justice understood that there was no violence.

Afterwards, the Supreme Court ratified the sentences to 9 to 15 years in prison, convicting them of rape. The lawyer in the case has already announced that he will ask for a reduction in the sentence of one of the five men arrested.

One year before general elections in Spain, Prime Minister Pedro Sánchez again defended the rule this Wednesday (16), saying its purpose was to give women more guarantees that any type of sexual assault will be punished.

The conservative Popular Party, the main opposition party, accuses Sánchez and minister Irene Montero of being responsible for putting victims of sexual assault at risk.