New penalty reduction for a sexual offender for the Montero Law. And it is that he Superior Court of Justice of Andalusia (TSJA) has reduced the sentence imposed on a man for abusing his underage stepdaughter by eight months, by applying the so-called law of ‘Only yes is yes’ for being “more beneficial to the prisoner.” Thus reduces the sentence from 14 years to 13 years and four months in prison.
As it was declared proven in the judgment of the Audience of Malagaand pick up the high Andalusian court in his resolution, the defendant married a woman who had a daughter from a previous relationship, eleven years old at the time, later having both a daughter in common.
Due to the couple’s divorce in 2013, both minors, taking advantage of the natural daughter’s visitation regime, went to the man’s home in Antequera (Malaga) in which the three of them slept in the same room and in the same bedaccording to the proven facts now confirmed.
Taking advantage of the fact that he slept between the two of them, the sentence pointed out, the defendant touched the minor; a situation that was repeated at each visit, even if the victim went to sleep on the couch. Sometimes simulating games, too subjected her to such sexual assaults.
At the time of breaking up the couple again, the girl told what happened and the mother filed a complaint. The victim has received psychological treatment for the mental health problems related to these events.
The man was convicted of a continuing crime of sexual assault to the sentence of 14 years in prisonto one probation measureafter serving the prison sentence, during six yearsand was imposed prohibition to approach the victim either communicating with her for 16 years.
The defense filed an appeal but the TSJA he rejects it. However, he points out that the entry into force of the Organic Law 10/2022 on the Comprehensive Guarantee of Sexual Freedom makes the consequences have to be analyzed ex officio and concludes that a review of the sentence must be carried out “Because the current regulation is more beneficial for the prisoner.”
