Phorensick

Phorensick t1_j9jc6vq wrote

Agreed it has zero to do with trains…it’s about more clicks to link other Guardian stories.

But since I was confused as well…here’s the quick summary of what they referenced:

The left and the right are bashing each other because the government passed a well meaning law that had some very unintended consequences…

“Under the new law, consent must be given and cannot be assumed to have been given either by default or with silence. The legislation also removes the distinction between sexual abuse and sexual assault – i.e. rape – by making consent the deciding factor.

[and this is the part that wasn’t completely thought through…]

The new legislation has allowed convicted sex offenders to have their sentences reexamined. On Wednesday alone, Spanish media reported that 13 sentences had been reduced in several different regions, and that three convicted sex abusers had actually been released as a result. One of the cases involved a man in León who had abused his 11-year-old daughter. Judges ruled that instead of ‘sexual abuse of minors’ he had in fact committed ‘sexual assault of minors’, which carries a six- to 12-year sentence compared to the original eight to 12.

Under Spanish law, any change to the minimum sentence for an offence can be applied retroactively, and judges usually rule in favour of the convict in such cases. That means that where the minimum sentence for a sexual offence has been reduced, a person serving time for the same offense can expect to spend fewer years in prison or even be released on time served.”

https://www.theolivepress.es/spain-news/2022/11/19/explainer-why-spains-only-yes-means-yes-consent-law-is-seeing-convicted-sex-abusers-freed-from-jail/amp/

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