New clash in the coalition government on account of the only yes is yes. The PSOE is going to "very immediately" register a bill in the Congress of Deputies to "correct" a rule that has allowed the reduction of sentences in more than 270 cases of sexual assault with the aim of "alleviating" these "unwanted effects".
From the national leadership of Ferraz they defend their "clear will" to reach an agreement with United We Can to present this reform jointly. "But if that agreement is not reached, our position is clear," warned the party's spokesperson, Pilar Alegría, on Monday, implying that they will continue with their proposal to change the text with or without the approval of their partner.
This announcement has taken the purple formation by surprise, which minutes before denied that the negotiations were at that point. "We are on the stage within the Government to see what the response we give," say sources from the Ministry of Equality, which flatly rejects the socialist proposal because they consider that it means recovering the previous model of returning to intimidation and violence.
The majority partner of the Executive chaired by Pedro Sánchez intends to recover the sentences of the previous Penal Code in certain cases, according to a proposal from the Ministry of Justice that Cadena Ser has advanced and confirmed this Monday by the Minister of the Presidency, Félix Bolaños. "You have to work on that working document as you will have to work on other documents that are also raised," stressed the de facto political vice president at La Moncloa, who has recognized that it is a "complex reform."
The initial approach is to return to sentences of between one and five years when there is violence, intimidation or the will of the victim has been annulled and between six and 12 years in those same cases when the sexual assault is penetrative. In cases where there are aggravating factors, it also requests a return to the previous sentences of between five and 10 years when there is no penetration and between 12 and 15 when there is.
In Equality, on the other hand, they are opposed to the PSOE making substantial changes in the content of the law. "It is essential to stop any attempt by the right to return to the previous model, based on violence and intimidation and which required women to go through an ordeal of evidence in order to demonstrate the sexual violence exercised against them," say Ministry sources.
Bolaños, for his part, has specified that even if the rule is modified, "consent will once again be at the center": "We cannot allow women to be asked again in trials with sexual assaults on the table if they resisted enough." .
The Minister of Equality, Irene Montero, for her part, tries to resist the pressures of the Socialists to correct the norm and proposes as an alternative to her partner applying a decalogue of "urgent measures" aimed, mainly, at training judges so that they can apply the rule "correctly" and stop reducing sentences for sexual offenders.
For the moment, the thesis of Montero's team is to explain the situation as a mere problem of interpretation of the norm, since it concludes that the downward revisions of the sentences "are a consequence of the incorrect application of the transitory law and of the law itself by the judges.
In fact, official sources from the Ministry of Equality point out that "as all the experts affirm, and the coalition government itself has verified, there is no penal reform of the law that could stop the reviews." Well, these, it is emphasized, are being produced by an "incorrect application" of the law of only yes is yes.
For this reason, the department headed by Minister Irene Montero says that one of the "possible solutions" is to "urgently implement a plan of measures for judicial specialization, training in sexual violence and the increase in troops for the protection of women". This would go along the lines in which the Ministry "works" "since the entry into force" of the law of the only yes is yes to "facilitate its correct application" by the judges and given their "concern" about judicial decisions that are being taken with the lowering of sentences.
This plan, which is actually a decalogue of measures, highlights the fact that judges lack training in violence against women to make their decisions. For this reason, one of the main points of this decalogue is "specialized training" for all personnel of the Administration of Justice and the Interior, as well as in Education and Health.
In addition, Equality proposes as a change that from now on crimes against sexual freedom be investigated in the exclusive courts for violence against women by expanding their powers to cover not only cases of gender violence, as is the case now, but also Also rapes. In this sense, it is requested to "double" the courts that exist of this type to be able to cover this type of crime in them.
Along the same lines, it is raised with respect to the prosecutors who must deal with these cases and accuse. It is proposed that sexual violence become the responsibility of the "Violence against Women Prosecutor's Office". So that the cases would always be in the hands of specialists in this field. That change is requested and "reinforce" that department.
Regarding the rest of the decalogue, the other seven measures proposed are aimed at the protection and assistance of victims. "Free legal assistance" is requested, more protection devices, more aid, a psychological and psychiatric care service, that the gender violence police units expand their powers to include victims of sexual crimes, reinforce forensic assessment units and implement the "purple points" (information) in all public offices and facilities.
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