The popular ones maintain in their amendments the same ranges of penalties for sexual assault and rape that the socialists defend, in which violence and intimidation are determining factors
The PP has sent this Monday a political message to the PSOE Looking to the future of his proposal to reform the ‘only yes is yes’ law: Pedro Sánchez can count on the popular group to approve it.
It’s coming the most imposing schism of the legislature between the government partners. Either the PSOE changes its postulates or United We Can change. Either of the two options would be viable in a political framework without maximalist positions. But the maximalist positions are dominating the scene.
The reality is that this Monday has ended the deadline for submitting amendments to the proposal of the socialist group to modify the star law of Irene Montero: the law of ‘only yes is yes’. The PP has registered its own and they are, basically, that is, with regard to the reform of the Penal Code (articles 178 and 178, on sexual assault and rape, respectively), the same approach as that of the formation of Pedro Sanchez. The same punishment forks.
“He will be punished with prison sentence from 1 to 4 yearsas responsible for sexual assault, the one who performs any act that violates the sexual freedom of another person without their consent & rdquor ;, point out the popular, who add that “it will only be understood that there is consent when it has been freely manifested through acts that, in attention to the circumstances of the case, clearly express the will of the person & rdquor ;.
However, in point 4 he advocates increasing the penalty of “1 to 5 years in prison & rdquor; if “the aggression was committed using violence or intimidation& rdquor ;, and by doing so, in the opinion of the Ministry of Equality, dilutes consent. The PSOE expresses itself in a similar way in its proposal, which does not diminish the criticism of Irene Montero’s department. Here is one of the big discrepancies.
Regarding the violation, the PP retains the forks of 4 to 12 years in jailand if this is committed “using violence or intimidation or when the victim has his will annulled for any reason, the penalty will be imposed.” from 6 to 12 years old from prison”.
To remember: the PSOE defends leaving the penalty for sexual assault in the fork of 1 to 4 years in prison, but raising it from 1 to 5 years if the crime is perpetrated with violence, intimidation or annulment of the will, which is an aggravated guy. Identical approach to punish rape: 4 to 12 years, although increasing the sentence from 6 to 12 for a type aggravated by violence, intimidation or annulment of the will.
Both socialists and popular are including an intermediate step in the penalties in order to ensure more severity when there is violence, intimidation or annulment of the will of the victim. They would be subtypes.
On the other hand, Unidas Podemos, ERC and EH Bildu want violence, intimidation or annulment of the will to be aggravating, and then the penalty for sexual assault would go to between 2 and 8 years in prison and rape, to sentences of between 7 and 15.
The PSOE spokesperson, Pilar Alegría, has expressed the party’s disagreement with the proposals of the partner in the Government and two fundamental allies in Congress. The Socialists believe that, as they postulate, such an ostensible increase in penalties will not have a practical translation.
Correct an error of the childhood law
Politically, therefore, two blocks have been configured. The PSOE has proposed to remove the reform from Congress on April 20 and send it to the Senate. The margin for the progressive majority to be reestablished on the reform of the ‘only yes is yes’ law is ten days.
What the PP has registered in its amendments is the same as it registered in its bill, in December 2022. Cuca Gamarra’s group was the one that was in the greatest hurry to seek changes in the face of the succession of sentence reductions for sex offenders , which are already more than 800. The Government, however, in search of an internal agreement, made use of a parliamentary ruse to delay the initiative of the popular and expand the field that would allow the presentation of its own. The PSOE did it alone in February. Since then, as seen on March 7, the afternoon that said proposal was taken into consideration, socialists and popular hit each other politically despite agreeing on the technical.
In its amendments, in addition, the PP includes a article 180 bis in the Criminal Code intended, as indicated in a document sent to journalists, to reintroduce “sexual assault by deceit or abuse of trust or authority for minors under 18 and over 16”, since it was a” conduct that was decriminalized in the current Penal Code & rdquor ;.
He also advocates restoring an error committed in the new Children’s Law. “It is about correcting the declassification of the distribution or public dissemination through the internet, the telephone or any other information or communication technology of content specifically intended to promote, encourage or incite the commission of crimes of aggression when it comes to minors under the age of sixteen& rdquor ;, explains the Cuca Gamarra group.