Spain: TSJM denies applying ‘Yes is Yes Law’ to minor sex offender with 19-year sentence

Spain: alaskacommons.com 2/16/24

The Superior Court of Justice of Madrid (TSJM) has rejected an appeal to review a sentence imposed on a man who was found guilty of several sexual crimes against minors between 2014 and 2017. The man was sentenced to 19 years and seven days in prison by the Provincial Court of Madrid. The appellant requested a reduction in his sentence under the ‘Yes is Yes Law’, but the High Court judges rejected his request.

The Chamber argued that the absence of freely given consent in the episodes prosecuted leads directly to the application of article 181.2.3 of the Penal Code, so the legislation derived from LO 10/2022 is not more beneficial in this case. The judges warned that in this specific case, the new legislation not only does not operate as a more favorable Criminal Law, but is also more harmful. Therefore, the resolution confirmed the decision of the sentencing court, avoiding a significant increase in the convicted person’s sentence.

The TSJM’s resolution confirms the original sentence in all its aspects, and the accused will serve his full 19-year and seven-day sentence. The decision sends a strong message about the severity of crimes against minors and the importance of upholding justice in such cases.

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Woo! 19 years for teen sex. Spain is cracking down, boyyuh! Granted, one of the children was 13, but still, that’s a pretty long sentence for a European country, unless there was a whole bunch of boys involved. That would be getting into serious pedo territory.