11/24/2022 at 08:15


    A court in Jaén applies the Minors Law prior to the reform to a boy who raped a girl, as it is more beneficial than the change required by the Sexual Freedom Guarantee Law

    The application of the Law for the Comprehensive Guarantee of Sexual Freedom is causing “unwanted” effects, not only because of the reduction of some firm sentences for rapists, but also because of its special incidence in minors, both when they commit sexual assaults and when they are victims. On the one hand, juvenile judges warn that the so-called ‘law of only yes is yes’ will allow minors to be punished more than adults in some cases, while in cases of minor victims between 16 and 18 years of age, some behaviors have ceased to be a crime.

    The courts, for their part, have begun to act with respect to the new changes and new resolutions are issued, such as the one issued by a Andalusian court that applies the Criminal Responsibility of Minors Law prior to the reform -which also modified this norm-, as it is more beneficial for the defendant than the one promoted by the Ministry of Equality, in force on October 7.

    In this specific case, the Juvenile Court of Jaen has sentenced a boy to two years of probation and another two years of prohibition to approach or communicate with the victim for the commission of a crime of sexual abuse with penetration of another minor. The measures applied are more beneficial for the defendant, since according to the law urged by the Ministry of Irene Montero, a sentence of closed internment would correspond to him.

    Opt for the socio-educational purpose

    This decision, which can be appealed before the Provincial Court of Jaén, opts for the measure of probation in attention to the normalized situation of the minor. It is intended, as explained by the judge, to demonstrate the criminal reproach for the commission of acts that violate the sexual freedom of the victim and also to achieve the socio-educational purpose that is proper to it, which is why the sentence imposes on the minor, as is now mandatory in current legislation, the obligation to also submit to sexual education programs and gender equality.

    The liability effects of minors, as judges specialized in this area have been warning in recent days, They mainly affect young people between the ages of 16 and 17. who were previously convicted of minor sexual abuse and who will now have to abide by the new expanded crime of sexual assault, which requires them to be kept in a detention center for at least one year.

    This is how the head of the Juvenile Court Number 2 of Madrid, Eva Saavedra, explains it in statements collected by Europe Press in relation to a real case that came into his hands last summer, that of a minor in that age group who touched a girl’s buttocks, a conduct then subsumable in the crime of sexual abuse for which a measure of imprisonment was imposed on him. open regime – “socieducational tasks” -.

    Saavedra states that the same case now, after the entry into force of the law on October 7, would have a different result because the same events would be classified as sexual assault and the minimum punishment would be to be held for a year in a detention center. Y, if he had acted in the same way when he was already 18 years old, he could only be punished with a finewarns the juvenile judge.

    The technical reason is that the old Penal Code (CP) excluded sexual abuse from this list of “particularly serious crimes”, but the behaviors that were previously punishable by this crime have been absorbed by the sexual assault -which is included in that group of illegal acts in article 10.2.b of the Code- due to the ‘law of only yes is yes’. For these same behaviors now included in sexual assault, article 178.3 -directly applicable to adults- states that “the lower half of the prison sentence or a fine of 18 to 24 months may be imposed, in attention to the minor nature of the act and the personal circumstances of the culprit”.


    On the other hand, certain behaviors for which convictions were previously handed down against child molesters have been decriminalized. This was the case in which the Provincial Court of Madrid reduced the prison sentence initially imposed on a teacher, a multiple abuser of minors, by more than five years. From 6 years and 9 months in prison he now has to serve only 1 year and 3 months, for which he has already been released.

    In this case, and as demonstrated by justice, the condemned he satisfied his sexual instincts by offering several underage boys small amounts of money in exchange for the sameagreed to let their armpits, feet, nipples or pubis be suckedto what he called “businesses”, and fixing a price list -around one hundred euros- according to the parts of the body.

    Until last October, the Article 182 of the Penal Code condemned anyone “intervening in deceit or abusing a recognized position of trust, authority or influence over the victim, performs acts of a sexual nature with people over 16 and under 18”. East paragraph has been declassified with the reform carried outrecalled the Chamber in its resolution, so that andThe consent given by persons over the age of sixteen does not constitute a crime, except when it is given using violence or intimidation. In the case of the professor, there were several of these assumptions, and the sentences of two years and six months imposed in each of them were annulled.

    Cases of minors in the Supreme Court

    On the other hand, most of the issues on the table Supreme Court regarding the effects of the “only yes is yes” law have to do with attacks suffered by minors that are pending review, after being appealed in cassation before the high court. In fact, the Supreme Court Prosecutor’s Office has already reported against lowering the sentences in four specific cases because although the range of sentences has been lowered with the reform, the prison requests are within the provisions of the law promoted by Irene Montero and, therefore, continue to be applicable.

    One of these matters pending before the Supreme Court is the one that sentenced two Arandina players and acquitted a third party for the rape of a minor in November 2017. The Prosecutor’s Office has also positioned itself against lowering sentences in other cases from the Provincial Court of Seville, the Court of Tenerife and the Superior Court of Justice of Andalusia , in which the minors were sexually assaulted by their mothers’ partners.