Supreme Court reduces sentence for rapist in Mataró

The sentence has been reduced from four years to two years and eleven months due to the retroactive application of the Organic Law for the Comprehensive Guarantee of Sexual Liberty, known as the "only yes means yes" law.

The incident occurred early in the morning of April 16, 2016, when the accused met the victim at the Classic nightclub in Mataró. Initially, both engaged in consensual sexual relations outside the establishment. However, at some point, the man recorded the woman with his mobile phone without her consent and without her noticing. Subsequently, the situation ceased to be consensual, and the accused sexually assaulted her despite her repeated refusals.

Medical, biological, and testimonial evidence later supported the victim's account. Hours later, the accused shared the video obtained without consent in a WhatsApp group called "Tripode," which included him and two other friends, and also showed the images to a third person.

The Provincial Court of Barcelona convicted the accused in January 2022 for sexual assault and disclosure of secrets. For the first charge, he received a sentence of four years in prison. The High Court of Justice of Catalonia subsequently confirmed the sentence, but between these rulings, the reform promoted by Irene Montero had come into force. This reform modified the sentencing ranges applicable to sexual offenses and temporarily reduced the minimum penalty for certain cases of rape.

Now, the Supreme Court criticizes the Catalan court for failing to analyze the consequences of that reform. According to the ruling, the TSJ "made no mention whatsoever of the legal reform, completely ignoring the legal modification." It did not even allow the defense to argue how it could affect the defendant.

Following the wave of reduced sentences resulting from the "only yes means yes" law, the legislature again amended the Criminal Code through the Organic Law 4/2023, promoted during Pilar Llop's tenure at Justice. The new regulation reinstated higher penalties for those crimes committed through violence or intimidation. However, this correction cannot be applied retroactively if it is detrimental to the convicted individual.

The Criminal Code obligates the use of any more favorable penal law retroactively, even if it has subsequently been replaced by stricter legislation. This is where the so-called "intermediate law doctrine" comes into play. The Supreme Court reminds us that if a more beneficial law was temporarily in effect between the time of the crime and the final judgment, that legislation must be applied even if it has since been repealed or modified. "The more favorable intermediate law displaces both the previous and subsequent detrimental laws," the Chamber notes.

Applying this doctrine, the Supreme Court recalculated the sentence for sexual assault. The sentence is thus reduced from four years in prison to two years and eleven months, a reduction of thirteen months directly linked to the penalties introduced by the 2022 reform. The court maintains, however, the sentence of fifteen months for the disclosure of secrets stemming from the recording and subsequent dissemination of the images.

The Chamber considers that sharing the video through WhatsApp generated a "risk of exponential increase in dissemination" and therefore refuses to reduce that sentence to the minimum. The convicted individual had also attempted to question the evidence used against him, but the Supreme Court dismissed these arguments. The Chamber concludes that the victim's testimony was sufficiently supported by medical evidence, biological analyses, and witness statements.

Thus, the case again highlights the ongoing legal consequences produced by the "only yes means yes" law even after it has been corrected: a law that was in effect for several months continues to compel courts to reduce sentences when it is more favorable to the defendant.

As for Irene Montero's official position on the Supreme Court's decision, no statements from her are available.

The next step will be the execution of the new sentence by the competent authorities.

Piece prepared by the newsroom from cross-checked sources in several countries.