A political battle has broken out in Spain over gender violence issues as the entry into force of the "only yes means yes" law on sexual consent has had an unexpected consequence: some convicted sex offenders have obtained reductions in their sentences. Without going any further, this Wednesday a court in Murcia reduced the sentence imposed on a person convicted of attempted sexual aggression while in the Balearic Islands, the release of two convicted sex offenders was ordered. On the other hand, the La Rioja Audience has reviewed 54 judgments and has not modified any of them. Be that as it may, the issue reached the level of political dispute this Tuesday with differences between the two partners of the Spanish coalition government emerging over a law which had been hailed by progressive forces as an advance in sexual equality because of its requirement for affirmative consent for sex, not just the absence of a "no".
Following the barrage of criticism at judicial decisions made in the weeks since the law came into force at the beginning of October, the Spanish ministry of equality has accused judges of not applying the law of "only yes means yes" when reducing sentences. The minister, Irene Montero, and the Spanish government's representative against gender violence, Victòria Rosell, both of Unidas Podemos, have argued that the jurisprudence establishes that penalties cannot be revised downwards if maximum penalties have not been reached and the sentences still fit into the definition of the crime. A thesis which is also supported by the Catalan minister of equality and feminisms, Tània Verge, who stated her regret at the "biased interpretations, without a gender perspective" of the judges and asserted that what is lacking is "training for legal operators in how to apply the equality laws".
ERC, Junts and PNV, against the judges
In the Congress of Deputies, representatives of Catalan parties ERC and Junts as well as the Basque Nationalists of PNV backed the criticisms made by the equality minister on the interpretation made by some judges of the new law. "We know that court interpretations in general, with only a few honourable exceptions, are against the victim when it comes to gender violence", denounced ERC's Pilar Vallugera. On behalf of Junts, Josep Pagés asserted that the reviews are taking place "based on a certain interpretation of the law" and that "nothing can be left to the discretion" of the judges.
On the other hand, the equality ministry's criticism was not to the liking of the Spanish defence minister, Margarita Robles (PSOE), who rejected the "discrediting" of the judges that has been taking place "as a general response". She was cautious when commenting on the law herself: "It would be a little premature for me to make a judgment because I haven't seen the judicial resolutions. I can't say whether it is a one-off interpretation or a distortion of the law". And after opening the door to changing the law, the Spanish finance minister, María Jesus Montero (PSOE), spoke again this Wednesday to say that the executive will seek to give the law tougher penalties and not reduce them. More forceful was the Spanish PM, Pedro Sánchez, who defended the "only yes means yes" law and called on the courts to apply a consistent doctrine. In addition, he recalled that the new law seeks to strengthen the safety of women. In this regard, the office of Spain's chief public prosecutor is analyzing the sentence reviews to see if it is necessary to unify criteria in the law.
Judiciary criticises equality ministry
On the other hand, the senior judicial organ, the General Council of the Judiciary (CGPJ), has expressed the "strongest possible" rejection of the "intolerable attacks" against the judges and argued that the courts are only applying the law. The judicial body pointed out that the Constitution and the Penal Code include the requirement to apply the most favourable law, in addition to the fact that the new law establishes "the retroactive effect" of criminal laws that favour the person convicted. Therefore, the resolutions that have become known in recent days are the result of "the strict application of these precepts by members of the judiciary, subject only to the rule of law." While the law of only yes is yes was being discussed, the CGPJ was very critical of it.
One of the legal changes incorporated in the Law to Guarantee Sexual Freedom, as it is officially titled, is that it eliminates the distinction between the offence of sexual assault and the lesser crime of sexual abuse, but in the process this also means that the minimum penalty for sexual assault is reduced from six years to four. EFE reports that in four pedophile cases where judges awarded "minimum sentences" for sexual assault, the criminals have had their sentences reduced and in more than one of these cases have already been able to leave prison since the law came into force.
From the right-wing PP, leader Alberto Núñez Feijóo has limited himself to voicing a slogan: "This is not a government of the people, but against the people". Meanwhile, PP senator Javier Maroto produced an argument grouping rapists and Catalan independence supporters together. More important, though, is that the PP will force a vote in the Senate to require the state executive to review the law. The motion presented will force all parties to position themselves next week on whether or not they think the law passed in September should be reviewed - without Unidas Podemos being able to vote because it has no Senate representation.