A landmark law to combat sexual violence in Spain has come under fire over a loophole used by lawyers to secure sentence reductions for some convicted offenders.
The controversy erupted just under six weeks after the law came into force when it was revealed that it had resulted in the reduction of the prison sentences of around 15 offenders.
One was a man who sexually abused his teenage stepdaughter. His sentence was reduced from eight to six years.
A teacher who paid for sex with his students has been released after his sentence was reduced. According to Spanish media reports, four men have now escaped at large.
Known as the “yes means yes” law, the new law reformed the penal code to define all non-consensual sex as rape.
Although the new law increases the penalty for gang rape or chemical subjugation, it reduces both the maximum and minimum sentences in cases without aggravating circumstances.
Hundreds of convicted felons have sought a review of their sentences since the law went into effect on October 7.
In Spain, a prison sentence can be changed retrospectively if amendments to the Penal Code benefit the convicted offender.
Previously, rape victims had to prove that they had been subjected to violence or intimidation.
Without this, the offense was considered “sexual abuse” and carried lighter penalties than rape.
The legal change was spurred by the infamous 2016 gang rape of an 18-year-old woman by five men at a bull racing festival in the northern city of Pamplona.
The men were initially convicted of sexual abuse rather than rape, sparking mass protests across the country.
The Supreme Court eventually overturned the verdict in 2019, convicting all five of rape.
– ‘Male chauvinistic judges’ –
With the removal of the lesser charge of “sexual abuse” from the reformed Penal Code and a much broader range of offenses grouped under “sexual assault”, a wider range of penalties was needed to ensure proportionality.
Those previously convicted of sexual assault and sentenced to the minimum eight-year sentence can now benefit from the minimum sentence being reduced to six years.
The result has been a major backlash – which has left Prime Minister Pedro Sanchez’s government at a disadvantage, with Spain’s legal watchdog slamming flagship legislation as fundamentally flawed.
Equal Opportunities Minister Irene Montero of the far-left Podemos party, Sanchez’s junior coalition partner, has accused the judges who approved such cuts of “breaching the law” for “male chauvinism”.
Podemos MP Javier Sanchez Serna went further and called them “robed fascists”.
The General Council of the Judiciary – responsible for ensuring the independence of the judiciary – hit out at such “intolerable attacks” and said it warned months ago the legislation could lead to a revision of convictions.
The Judges for Democracy Association accused the ministry of “failing to foresee such an (undesirable) consequence” and said it “in no way justifies attacking judges”.
– Do wolf packs benefit? –
The biggest concern is that the changes could affect the verdicts of Pamplona’s gang rapists, the case that has spurred efforts to tighten the law.
The men, known as the “Wolf Pack,” are serving a 15-year sentence, with a lawyer confirming he will seek a reduction for one of them.
With just a year to go before the next general elections, Sanchez defended the law, recalling that his goal was “to give women more guarantees in the face of any kind of sexual assault”.
“Let’s see what the courts and prosecutors say about this,” he said Wednesday, with the Supreme Court set to rule on specific cases within the coming month.
Even an amendment to the new law would not reverse the sentence revisions that have already been decided, since laws that increase penalties cannot be applied retrospectively.
