'Yes means yes' law creates split

PROVINCIAL courts in the Valencia region have reduced sentences against 86 sexual offenders, eight of whom have been released from prison, as a result of applying the socalled ‘only yes means yes’ law on sexual liberty.

This data, published by the General Council of the Judiciary (CGPJ), indicated that 46 of these cases and three of the prisoners released were in Alicante. Nationwide, courts have reduced 721 sexual assault sentences, resulting in at least 74 offenders being released. The figures do not include how many sentences have been re-examined since the law came into force on October 7 but indicated that more were allowed to stand than were reduced.

For example, Valencia provincial court reported that 23 out of 139 re-examined sentences had been reduced, and has another 105 cases pending, but did not say how many prisoners had been released.

The public prosecution service has lodged appeals against practically all the reduced sentences which are not final judgments and had been opposed by prosecutors.

Regional vice-president Aitana Mas insisted the law is ‘really a good resource for women and society as a whole’. It is a substantial improvement on the previous legislation, increases resources for training and protection, and focuses on consent, rather than having to prove coercion with threats or violence.

To try and remedy the situation, the Socialist party (PSOE) majority in the coalition national government has proposed stiffer sentences for cases involving violence and intimidation but their junior partners Podemos argue this would have the same problems with consent as the old legislation. The PSOE proposal obtained preliminary approval in Parliament on Tuesday, but with support from the Partido Popular (PP) and Ciudadanos (Cs), and was opposed by Podemos.