Justice proposes to return to the model prior to the ‘only yes is yes’ law and Equality responds with ten non-criminal measures

The disagreements in the Government on a possible modification of the law of the only yes is yes they do not abate. Last Saturday from Moncloa they demanded the Ministry of Equality to put on the table measures to improve the law, given the pressure due to the constant reduction of sentences. This Monday, both Justice What Equality have leaked some of the main lines for said reform, although the two models are diametrically opposed. Justice proposes a change in sentences very close to what was presented by the People’s Party a few weeks ago, which means returning the law to the previous model, in the that violence and intimidation prevail when imposing sentences. Some measures that have been described by the Ministry of Equality as a return to the past. In an act in Lanzarote this Sunday, Irene Montero described this possible setback in the law as an offensive by the political, judicial and media right “against one of the main advances of feminism in the last 20 years”, whose ultimate objective is to “end with consent at the heart of the penal code” and attack the coalition government.

This pressure from the right, Montero affirmed, “is that the result of this alarm generated as a result of some judicial decisions that are deciding to reduce the sentences, ends in a return to the previous model. That women have to once again demonstrate that we have resisted, that it be shown that women have resisted for something to be classified as sexual assault. That we are not asked if we consented, which is what is happening now, but if you resisted to be able to talk about sexual assault”. Montero understands that while the majority of judges are making a correct application of the law, others are interpreting it wrongly.
But what do both ministries propose?

Justice: return to violence and intimidation

The Justice proposal, advanced by the Chain Beingmeans going back to the criminal types prior to the approval of the law (with some changes) and going back to the distinction between crimes that are carried out with violence and intimidation and those that are not. A measure very similar to the one presented by the Popular Party a few weeks ago and that it returns to the previous scheme of abuse and aggression. From Justice, as reported by the Ser, they affirm that these are “minimum corrections” that “respect the model of the law that focuses on consent” and justify the measures to shield the law in favor of the victims to avoid “the undesired effect that serious cases do not have the possibility of low sentences”.

Among the measures, they propose returning to sentences of between 1 and 5 years when there is violence, intimidation or the will of the victim has been annulled and between 6 and 12 years in those same cases when the sexual assault is penetrative. In cases where there are aggravating factors, it also requests a return to the previous sentences of between 5 and 10 years when there is no penetration and between 12 and 15 when there is. The proposal is extensible to cases in which the victim is a minor.

The proposal also corrects the omission of treatment of the concurrence of two or more circumstances of aggravation in sexual assaults against minors under 16 years of age, as occurs with those of legal age, and in this chapter on aggravating circumstances, the word “perpetrator” is replaced by that of “responsible” when substances have been supplied to the victim to annul his will.

Equality proposes 10 non-criminal measures

The Ministry of Equality insists that the problem with the reduction of sentences that have occurred in recent weeks has to do with misinterpretation of the law only if it is sYo. “Most of the judges are applying the law correctly, but some are not,” said Irene Montero this Sunday.

In a note issued by Equality this Monday morning, to which this newspaper has had access, he explains that they have been working since the entry into force of the only yes is yes to “facilitate its correct application, sharing the social concern for judicial decisions to lower sentences”. This meant putting on the negotiating table within the Government itself a plan of ten urgent measures to protect victims of sexual violence and implement the law of only yes is yes.

Among them are the need to double the exclusive courts for violence against women, expanding its powers to crimes against sexual freedom; strengthen the Violence against Women Prosecutor’s Office and expand its powers so that it assumes sexual violence; guarantee free legal assistance to victims or include victims of sexual violence within the Atenpro Service.

They also propose the reinforcement of the comprehensive forensic assessment units, a Justice device that has little implementation despite having been included in the law against gender violence of 2004. Another measure consists of guaranteeing specialized training in violence against women to all personnel of the Administration of Justice, Interior or Health and more means to implement aid to victims of sexual violence.

Another of the proposed measures includes the creation of a psychological and psychiatric care service specialized in sexual violence in the National system of health for the full recovery of the victims in the long term; increase the number of agents of the Ministry of the Interior and create purple points in all public offices and facilities for the care and information of all victims.

This is a set of measures proposed by Equality on January 27 in the crisis committee against sexist violence that in which the measures to stop gender violence were reviewed, in which the Interior, Justice, various autonomous communities and the courtroom prosecutor against violence against women participated.

Impossibility to avoid rebates

From Equality, as this newspaper has reported, there is no criminal form of the law that can stop the revisions of sentences and they blame that this is “a consequence of the incorrect application of the transitory law” and of the law itself. “One of the possible solutions is to urgently implement a plan of measures for judicial specialization, training in sexual violence and the increase in troops for the protection of women, the same has already been done for the application of the law 1/2004”.

The criminal law of our country establishes that the prisoner has the fundamental right to benefit from the most favorable law, which is guaranteed in the Constitution (article 25), as well as in the Penal Code (article 2.2). This implies that even if the law is modified, all crimes prior to the entry into force of the new norm will continue to be interpreted by the repealed norm, if this is more beneficial for the violator.

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