Law of ‘yes means yes’: They refuse to reduce the sentence of the teacher who sexually abused 12 girls at the Valdeluz school

Just three weeks after one of the members of ‘The pack’Ángel Boza, asked to reduce his 15-year sentence for raping a young woman with four other friends in Pamplona, ​​another well-known sexual offender followed his example and tried to benefit from the law of ‘yes means yes’ to try to alleviate his prison sentence.

From prison, with the help of a court-appointed lawyer, the music teacher Andres Diez, sentenced to 49 years and 5 months of prison for sexually abuse Continuously of twelve studentsbetween 6 and 17 years old, in the Madrid charter school Valdeluzpresented a brief before the Madrid Court, on December 12, to ask for “a favorable and lowering review of his sentence”, in application of the new Law of Comprehensive Guarantee of Sexual Freedom.

Aggression instead of abuse

But, unlike the rapist from ‘La Manada’, whom The TSJ of Navarra has just lowered the sentence From 15 to 14 years in prison, the Valdeluz professor will not see his sentence reduced. Section 23 of the Madrid Court has issued an order, to which OPEN CASE has agreed, in which refuses to review the case of Andrés Díez, understanding that in his case the application of the new regulation does not imply any change in favor of the convicted person.

With the new law, the professor would be convicted of 12 crimes of sexual assault and not abuse, and a longer sentence would be imposed, the court warns

Furthermore, the court establishes that, with the current Penal Code, Díez would be convicted of twelve crimes of sexual assault against minor girls and not for continued sexual abuse of minors under 13 years of age with precedence for abuse of authority, which is the crime for which he was punished in 2018. He adds that, If the professor were tried today, a greater sentence would be imposed, as the prosecutor also warned in a writing to which this media has accessed: “Taking into account that the penalties imposed for all the crimes in the sentence are lower than the minimum that could be imposed under current legislation, it is considered that the review of the sentence”.

The order of the Madrid Court, dated February 16, lists the twelve cases for which the professor was sentenced to different prison sentences, the lowest being two years and one day and the highest being eight years and nine months in prisonin the latter case for sexually abusing a student from when the girl was 8 years old until she turned 16.

“I took his hand away”

When abuses were discoveredthe minor declared that Díez “He sat the girls on his lap supposedly to correct them” during the Piano lessons and musical language which he taught within the Valdeluz, directed by Augustinian religious. So, “I took the opportunity to make myself touching the vaginal area, the ass and the chest area“he added.

The victim explained that the teacher “as the classes continued, he began to give me spikes in the mouthunbuttoning my pants to insert his hand underneath and touch me below the genital area (…) When it all started, I was very little and I didn’t know how to interpret what was happening, I took his hand away when he started to unbutton my pants.”

“He squeezed my wrists”

Then, as the minor explained to the judge, Díez “squeezed my wrists and knees.” so that it would be still. He grabbed me by the neck and sometimes squeezed me (…) When I asked him to stop because he was hurting me, Andrés answered: ‘I already know, that’s why I do it.’ Other times, he would say, ‘Don’t you love me?’ and he pretended that he was crying like a child. He turned my face and gave me a kiss on the mouth.'”

According to the sentence that condemned Díez and also the Valdeluz school for their “blame in watching” When it came to protecting the victims, the professor took advantage of his position “to touch the minors and satisfy your sexual desire and drive, starting with kisses, hugs, tickling, until progressively and gradually increasing the touching over time, little by little, reaching the point of groping legs towards the English and vulvar area and inner thighs, backs, breasts and buttocks.” In fact, even “on some occasions he rubbed his penis on their backs or the accused took one of their hands to his member, outside their clothes.”

A greater sentence

While abusing some female students, the teacher he came to “insert his fingers”, crimes for which, with the ‘yes means yes’ law, he would receive a higher sentence. Only taking into account the case of the girl for whom he was sentenced to eight years and nine months (the most serious sentence): “Making the legislative comparison, the sentence to be imposed according to the new regulation would be from 9 years and one day to 12 yearspenalty higher than that imposed,” the court concludes.

The Court of Madrid emphasizes in its order that although the Valdeluz professor was not sentenced to “the minimum legal penalty possible” with the previous law, “given the seriousness” of his crimes and his “guilt,” the sentence that was imposed “is even lower than that provided for in the new Penal Code in the comparison that must be made.”