The Montero Law He has once again achieved a reduced sentence for an aggressor. In this case, it is a man who repeatedly raped her, the youngest daughter of his partner, only 12 years old. The Superior Court of Justice of Andalusia (TSJA)in this way, has lowered in four months -a six years and eight months in prison- the sentence imposed on this delinquent in application of the law of ‘Only yes is yes’.
The high court also raises the amount for civil liability to 30,000 euros since it considers that the 20,000 euros “is a sin of stinginess” taking into account “the young age of the minor”, nine years old, when the events began, the ” severity and reiteration», and psychological damage» to the victim “evidenced by the expert opinions provided.”
The judgmentmade public this Friday and which partially upholds the appeals filed by the parties only on this point, indicates that the increase in the amount of compensation does not put “in doubt” the appropriateness of applying the highly qualified mitigation of reparation for the damage to the defendant, to who has a record for exhibitionism.
Regarding the interpretation of the law of ‘only yes is yes’the court indicates that the sentence assigned to the crime in the reform is from six to 12 years, and points out that the sentence must be applied “again in its upper half, reduced by one degree”, which leads to a “span of sentence from five years and three months to ten years, five months and 29 days.
“As seen, the seven-year sentence imposed in the first instance sentence is within the now taxable bracketbut, as the upper and lower margins of this section have narrowed, it experiences a relative shift upwards, not drastic, but still noticeable: if previously seven years meant a duration 27.7% higher than the legal minimum and 36.6 % lower than the maximum limit, being fifteen months below the midpoint of the range, now those seven years are located just one third above the minimum extension and one third below the maximum, and their difference with the midpoint is reduced to ten and a half months”, calculates the court.
It specifies, however, that the reduction to six years and eight months in prison as the perpetrator of the continued crime of sexual abuse does not extend to the penalty of prohibition of approach or communication by 16 years and eight monthsand the measure of probation that the Provincial Court of Almería set at seven years.
According to the proven facts, the defendant began touching and caressing, taking advantage of the absence of the minor’s mother when he shared a home with them and, when the victim was 12 years oldraped her for the first time, repeating the attacks over the course of six months.
