Supreme does not see sexual assault and yes abuse in consensual relationship with minor


The yes only law that Congress approved this Thursday and which will now be processed in the Senate, eliminates the distinction between the two types of crimes, so that this type of behavior will be punished as sexual assault in the future. To be.

Supreme court
Supreme Court.EFE

Supreme court The punishment of a person who sexually abuses a minor in the municipality has been reduced from 12 years to 8 years. Valencia By qualifying the facts as misconduct and not as sexual harassment, as the Magistrate understand that there was no violence or intimidationBut the relationship was consensual.

The Criminal Chamber has issued a sentence that partly upheld the appeal against the conviction of the convicted person. Justice of the High Court of Valencia Which upheld the Audiencia de Valencia for the offense of sexual assault, but now the High Court reduced it to sexual abuse.

The Spanish legal system sets the age of sexual consent at 16, but in this case the minor was only 14 years old, with whom the accused committed the offense of abuse. The only rule of s is s That, approved by Congress this Thursday and which will now be processed in the Senate, eliminates the distinction between the two types of crimes, so that this type of behavior can be punished as sexual assault in the future.

The events are in the early hours of February 23, 2020. the guilty person, who was at that time from 19Entered the room where the minor was with a friend and later after being asked to come out, locked the door by placing a chair to prevent entry from outside and had sex with the young woman.

sentence says that condemned his abilities were impaired by alcoholHence the abolition of intoxication is implemented.

In his appeal, the defendant argues that I consentedHowever, the judgment of the instance indicated that the defendant used violence and intimidation to compel her to maintain that relationship.

And this supremo points out that it has detected “certain cracks in the evaluation process of the evidence” made by the Court and the decision of the TSJV and that it may be fundamental, due to its eventual relevance, to the point of giving rise to a different utterance and conviction of the accused. more suitable for

For example, he states that a civil guard said that The minor told him that “we were spoiling his night”, Another agent reiterated, a response that doesn’t seem to fit very well with the situation that a 14-year-old girl is the victim, to whom the police come to the rescue because she is being attacked.

The magistrate found another lapse in sentence when a friend, referring to the victim, said that “andShe was on a bench with some boys and she was having an affair with one of themBut…, that is, he kissed one but he kissed both”.

If it turns out that the two boys are the ones who accompanied her to the apartment where the incidents take place, it seems more consistent that she had a consensual relationship with either of them, the magistrates specify.

The Supreme Court says that with a “complete lapse of the previous elements of discharge”, the High Court and the TSJ have “stopped addressing the appellant’s pertinent allegations.”

Bye test is “inadequate”With respect to the belief that any form of force or intimidation was mediated by the guilty person in a sexual relationship with a minor, so far as permits to go, the evidence practiced is that the convicted person had a consensual sex with a minor, and these facts constitute the offense of sexual abuse.

The Supreme Court not only reduces the prison sentence, but The denial of contact and communication with a minor has also been reduced from ten to five.Special ineligibility for any profession or trade that involves regular and direct contact with minors and probationers, although it retains a compensation of 20,000 Euros.

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