The Daily Telegraph

Spain’s PM overrules hard-left to end early release of sex offenders

- By James Badcock in Madrid

SPAIN’S prime minister overruled his hard-left coalition partners yesterday as he pledged to close a loophole in rape law that had led to sex offenders being released from prison early.

Ministers in Pedro Sánchez’s Socialist Party said they would remove the “undesireab­le effects” of the law, which was drawn up by the Leftist Podemos party as one of its landmark progressiv­e reforms.

Mr Sanchez has been attacked by Podemos for “caving in” to pressure to amend the law – the latest issue to split the ruling coalition in an election year.

The new law had created a single offence of rape, based purely on lack of consent by the victim, but the minimum sentence was lower than that for the old offence of sexual assault.

Nearly 300 sex offenders had their sentences cut and some have been released from prison early as the law was applied retroactiv­ely.

However, Irene Montero, the Podemos equality minister, blamed judges for misinterpr­eting the rules on sentencing and said the law was under attack “by the political, judicial and media Right”. She suggested changes were made to her law in an effort to undermine her and discredit the Left.

The main opposition Popular Party has called the legal change and its effect on sentences a “national disgrace” and is demanding Ms Montero resign.

Pilar Alegría, the Socialist Party’s spokesman, said the law would be changed as a result of the sentence reduction fiasco, whether Podemos agreed or not.

However, Félix Bolaños, minister for the prime minister’s office, said that the consent-based core of the reform would remain unaffected.

“We can’t allow that rape trials go back to poring over whether the woman offered enough resistance or how she was dressed; consent is central to the current law and will be to any change we make,” he said.

The expected reform will not prevent prisoners currently serving sentences for rape from benefiting as it cannot be applied retroactiv­ely.

Spanish law is in line with Britain’s definition of rape: penetratio­n without consent or reasonable belief that consent has been given.

Sentences of nearly 300 prisoners reduced – with some let out of jail as law was applied retroactiv­ely

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