With the two released from prison this Friday in the Basque Country, there are already 24 rapists who are free thanks to the Montero Law of ‘only yes is yes’. In this case, the two men were sentenced on June 29, 2010 by the Second Section of the Vizcaya Provincial Court as co-perpetrators of a “crime of joint rape of two or more people” to 12 years in prison each. As the reduction was three years, in application of the new fork of this penalty, which with the new Montero Law has been between 7 and 15 years in prison, he remained in 9 years in prison, which had already been more than served. . Some, like the rapist of Lleida, are considered dangerous.
The two cases of the Basque Country are not the best known that have benefited, but they are the last. OKDIARIO revealed a few days ago that Daniel Padial, better known as “the rapist of Lérida”, was released from prison after committing a whopping 19 sexual assaults. Padial has never wasted a prison permit to attack a woman. It is the exact profile of the sexual predator and for a few days he has been released after the reduction of sentences that the Provincial Court of Lleida has applied to him by applying the law of only yes is yes. He committed his first sexual assault on a woman in 1999 when he was barely 14 years old, and since then he has not stopped attacking women. The only thing stopping this sexual predator is jail bars. And precisely, he was behind bars since he committed the last two sexual assaults on him fifteen years ago.
But now Daniel is on the street and his chances of recidivism are “very high”, according to the Ponent Prison Treatment Board where he was serving his last sentence. The first recidivism occurred on May 6, 2008, when Padial was released from the Modelo prison in Barcelona thanks to the fact that the Court of Barcelona suspended his sentence because he had only been convicted of a crime of coercion and the sentence was less than two years. Reports from prison technicians warning of the “high risk” profile of Padial, who by then had sexually assaulted 17 women, including several minors, were not taken into account.
Threats of death
Another of the most worrying cases that OKDIARIO also reported exclusively on was the release of a prisoner by the Zamora Provincial Court. The released prisoner had already threatened his victim, her wife, with “cutting her throat.” Rosa (fictitious name) had to flee her town in the province of Zamora as fast as he could. Her ex-husband is a violent man who was serving a six-year prison sentence for raping her, but has benefited from the reduced sentences of the Montero Law, he left prison and returned to the town where Rosa lived.
The prisoner, already released, as soon as he found out that he was going to go out on the street in a few days, sent the following message to his wife through another inmate: “Tell him that when he gets out of jail, as soon as he gets out, I’ll lock him up.” the neck”. Rosa has no doubt that her ex-husband will try to make her threats come true. They warned her children, already older, of what could happen: “Your father has left, let your mother be careful.”
four in one day
Most of the 24 released were due to sentences handed down in December of last year, specifically that month there were 17. But in just one day different Provincial Courts issued a release order for four aggressors. The first was a man convicted of raping his ex-partner. He was released from prison after seeing his sentence reduced from nine to four years in prison, thanks to the Montero law. The First Section of the Provincial Court of Alicante ordered his “immediate release” because “the new legislation is more favorable for the prisoner.” The subject raped his ex-partner and was convicted in December 2013 for a crime of sexual assault with penetration and aggravated kinship.
Another released from prison on the same day was a man convicted of penetrative sexual assault. The Third Section of the Provincial Court of Cantabria ordered his release as his sentence of four years and six months in prison was reduced to three years in prison. His sentence also included the concurrence of two mitigating circumstances: damage repair, because he delivered compensation before the trial, and drug addiction. The sentence, handed down in December 2019, indicates that the convicted sexually assaulted a woman with whom he had been in a pub at dawn. The man asked her to accompany him to her home because she was going to show him a collection of hers, and once there he assaulted her and forced her to have sex.
The third person released from prison on the same day in December was a man convicted of attempted rape, with the concurrence of the aggravating circumstance of recidivism and the mitigation of reparation for the damage. The Provincial Court of Badajoz applied the law of ‘only yes is yes’, for which his sentence went from four years and three months to two years and 10 months in prison. The Chamber indicates in the review order that since the convicted person had been in pretrial detention since February 14, 2019, as of the date of this resolution, his custodial sentence must be considered completed and orders his immediate release, if not be deprived of liberty for any other reason.
The fourth released from prison in the month of December was a man convicted in 2019 for touching four girls under 16 and another older girl while they were skating on an ice rink in Vitoria. The Supreme Court reduced his sentence from 9 to 3 years in prison. It was the second sentence reduction made by the Supreme Court, after the Arandina case.
