The Ministry of Justice has presented this Monday its proposal to reform the so-called Law of the only yes is yes, promoted by the Ministry of Equality and which has already caused 279 sentence reductions to sexual offenders and 31 releases. The reform proposed by the socialist wing of the Government, and rejected by Equality, implies an increase in penalties and is identical to the bill presented by the Popular Party and in the month of december. The PSOE will register the reform as a bill in Congress.
Justice proposes punishing sexual assaults with between 1 and 5 years in prison when there is violence, intimidation or the will of the victim has been annulled, but the sentences will go between 6 and 12 years when there is also penetration. In cases of aggravation, the range that is proposed goes from 5 to 10 years when there is no penetration and between 12 and 15 when there is.
These penalties are also included in the Popular Party’s proposal, which was registered in the Congress of Deputies on December 16.
The popular ones also include a range of sentences between 1 and 5 years in prison for sexual assaults committed with violence and intimidation and from 6 to 12 in the same case with penetration. Likewise, the aggravated sentences are raised, punishable in a fork of 12 to 15 years in prison. The Law of only yes is yes lowers that fork in its lower range, staying between 7 and 15 years in prison.
The proposal of the Ministry of Justice, advanced by Cadena SER, has been confirmed by the Minister of the Presidency. Félix Bolaños has assured this Monday that the Government will correct the law to alleviate the “unwanted effects” that have occurred since it came into force.
Bolaños has asserted that this reform will be carried out by “the experts, professors and magistrates who are most familiar with this part of our criminal law.”
It should be remembered, as revealed exclusively by OKDIARIO, that Moncloa was aware of the reduction in sentences from the outset and even expressed its disagreement to the Ministry of Equality.
“The result achieved is that the criminal charge is significantly lower than that currently provided for sexual assaults, which are the most serious behaviors,” the Ministry of the Presidency asserted in a report that it has tried to hide even from Parliament. Moncloa was also aware of the warnings from judges, experts, parliamentary groups and even victims of sexual crimes. The General Council of the Judiciary (CGPJ) warned in a very critical report that the reduction in sentences would lead to a review of the sentences. All these notices, however, were ignored by Pedro Sánchez, who approved the bill in the Council of Ministers on July 6, 2021.
What’s more, the socialist president himself declared himself “proud” of the norm when reductions and releases were already taking place. “We are going on the right track, I feel proud of the law, I feel confident in the work of judges and prosecutors,” he praised, for example, last November. Sánchez has also defended the Law of only yes is yes to build “a freer and safer place for women.”
In any case, it is important to note that the reform will not prevent review of the sentences of those criminals who are currently in prison and will only apply to the events that are judged from now on.
The president of the PPP, Alberto Núñez Feijóohas already offered his support to Sánchez to reform the law immediately.
“I guarantee you the rigor that you do not have in your Council of Ministers, the sense of State that you do not have in your parliamentary supporters and the sensitivity that you have not shown with Spanish women in recent months,” Feijóo asserted this Monday.
Rejection of Equality
The Ministry of Equality has rejected the PSOE proposal because it understands that it means going back to the previous model and not putting the center on consent, “the heart” of its norm. Insist on consent, as requested by Irene Montero, does not imply in any case lowering the penalties as is the case with your law.
Equality has presented its own proposal, which does not include any revision of penalties. The department of Montero considers that this situation is the consequence of an incorrect application of the transitory right of the law itself.
For this reason, they propose a Plan of measures for judicial specialization, training in sexual violence and the increase of effectives for the protection of women.
Among the measures included in this Plan is doubling the exclusive courts for violence against women, expanding their powers to crimes against sexual freedom; reinforce the Prosecutor’s Office for violence against women and expand its powers to sexual violence; guarantee free legal assistance to victims and include them in the Atenpro Service from 2023; reinforce comprehensive forensic assessment units; o Provide specialized training on violence against women to all personnel of the Administration of Justice and the Interior, as well as Education and Health.
