The PSOE bill maintains the return to the assumptions and penalties prior to the entry into force of the so-called "only yes is yes" promoted by the Ministry of Equality of Irene Montero when there is violence, intimidation or there has been annulled the will of the victim.
This is indicated by Cadena Ser, which has had access to said proposal from the Socialist group, which wants to register if it does not reach an agreement with Podemos, and, adds Ser, "they recover the fork of between 1 and 5 years in prison when there is no penetration and between 6 and 12 when there is, provided that in these cases there has been violence, intimidation or the will of the victim has been annulled".
In the explanatory statement of the socialist proposal, it is indicated, according to the SER, that the reform "does not affect the heart of the norm since the definition of consent and, therefore, the essence of the regulation of crimes against sexual freedom."
According to the text, the only aim is to "shield the law in favor of the victims so that in serious cases there is no possibility of low sentences" through a "differentiated regulatory response."
"The document also includes three transitory provisions for the review of sentences when the norm enters into force. It says that judges and courts 'will apply the most favorable provision considered exhaustively and not by the exercise of judicial discretion,' "says the SER
Likewise, it adds that "in custodial sentences, this Law will not be considered more favorable when the duration of the previous sentence imposed on the act with its circumstances is also taxable in accordance with this reform of the code".
The bill, reports Cadena SER, "also includes a modification in the children's law that was prepared by the department of the then vice-president, Pablo Iglesias. The regulation increased the years of disqualification and expanded the list of sexual crimes against minors that the are rigged so that the convicted could access professions, trades or activities with minors".
The bill explains that the competence to agree on it lies with the Provincial Courts "which has caused a saturation of these judicial bodies, which could cause delays in the prosecutions to the detriment of the victims and their adequate recovery" for which, it adds , "proposes to return to the legislation prior to the entry into force of this law so that the criminal courts are also aware of these facts."
Podemos has vindicated this Sunday the law of only yes is yes, making it clear that although they are willing to reform the norm, as the PSOE has requested, "consent is not touched."
Irene Montero and the leader of Podemos and Minister of Social Rights, Ione Belarra, have muscled up in the act "Did you consent or not? Only yes is yes" organized by the purple formation in Madrid.
"Although we know that the law is fine and that no legal reform is going to avoid these judicial decisions to reduce the sentences, we are willing to reform the law, to accept the conditions that the majority partner of the government needs to come out united to face this offensive against the law and against the coalition government", said Montero.
