The Constitutional protects a woman so that she can resort to a reduction in the sexual aggressor of her daughter | Society
Him Constitutional He granted Ambaro to a woman who was deprived of the appeal in the face of the decision of the Provincial Court of Lugo to reduce the sanction imposed on the author of a sexual assault suffered by his daughter. The attacker was initially sentenced to 12 years, but later the sentence was reduced to 10, in application of the law on full guarantee of sexual freedom, known as The law of “only yes is”. Given this, the woman – reciting in her name and that of her daughter, victim of the fact and under the age of 16 – wanted to resort to this reduction of the sentence, which was denied by the Superior Court of Justice of Galicia (TSJG). Having said that, the Constitutional considered a violation of the applicant’s right to receive effective judicial protection, canceling the decision and the order, ultimately, that this reduction is allowed to resort.
In the accounting of his decision, the Constitutional explained that the applicant and his daughter participated as a private accusation in the procedure in which a man was sentenced as the author of a crime of sexual aggression To a person under the age of 16 in January 2022. Subsequently, in December of the same year, the sentenced person requested the review of all the sanctions that had been imposed on the repeal of article 183 of the criminal code and its substitute for the crime of article 181, by virtue of the entry into force of the aged organic law. The Provincial Court of Lugo has agreed in a car to review the sentence and has reduced, among others, the prison sentence from 12 to 10 years. The applicant, therefore, filed an appeal against the Galician TSJ against this car, but was unwitting.
The Galician TSJ denied the right to resort to the appeal, assisted by the “regulatory silence” in the new legislation. However, there was already jurisprudence of the Supreme who could support this possibility at discretion of the parties. The sentence – of which the magistrate Ricardo Enriquez, of the conservative sector of the Court was a speech – considered that the aforementioned right to effective judicial protection was violated and explains that there was, in fact, a “silence of the legislator not to anticipate The “only yes is yes”.
However, the body of guarantees itself adds that two resolutions of the Supreme Court (616/2018 and 453/2023) would be in support of “the origin of returning resources against the records of the revision of the sentences of conviction”, although it admits that “all this considering that we are facing an application not exempt from an interpretative explanation”. On the basis of said jurisprudence of the Supreme, the constitutional additions, the possibility of submitting an appeal like the one they presented to the public of Lugo would have been granted “pursuant to the tax that was caused when it agreed Reduction of penalties to the condemned“The critical guarantee body that the appeal will be denied through the disputed cars, which” do not provide data or reflections “which allows to explain a” alleged implicit will of the legislator in refusing the presentation of an appeal against the order to review the sentence. “
Constitutional waste, in parallel, to be injured in this case the right of equality. The Constitutional decision is to agree “the nullity of the two contested cars of the civil and criminal chamber of the upper court of Justice of Galicia, based in a Coruña and, as a measure of repairing their right”, ordering “the re -action of a re -Retroduction at that moment. Saéz Valcárcel, Enzionardo Alcubilla and Concepción Espejel Jorquera have announced a private vote.
