Connect with us

World

Is Spain’s new rape law reducing jail sentences of sex offenders?

Published

on

Is Spain’s new rape law reducing jail sentences of sex offenders?

Antonio S., an English trainer in Madrid who was jailed for 3 crimes of sexual abuse, was launched from jail final month after a brand new Spanish rape legislation got here into impact.

The legislation was meant to be stricter than the earlier code in place, however as an alternative resulted within the trainer serving solely half of his jail sentence because the crime he was convicted of was not included within the new legislation.

He had paid college students to carry out sexual acts, providing to pay €1,200 to one among them for fellatio who rejected it.

Antonio S. is now one among many intercourse offenders who’re benefiting from what consultants have mentioned is a loophole within the new legislation that was meant to be a win for victims of sexual abuse.

‘He has been acquitted by the equality minister’

All the minors focused by Antonio S. had been between 16 and 17 years previous and had been his college students, former college students or their buddies.

Advertisement

Following a criticism in 2019, the trainer was arrested when eight of the boys accused him in a trial that befell in December 2021.

“He was accused of a dozen offences of a sexual nature, corruption of minors, prostitution of minors and so forth.
The prosecution was asking for 40 years in jail and €40,000 for the victims,” Alvaro García-Olay Samaniego, the trainer’s lawyer, advised Euronews.

On 28 September this yr, eight days after the brand new Spanish rape laws often called the “solely sure is sure” legislation got here into power, the Madrid Provincial Courtroom contacted García-Olay in writing.

“It was ex officio, with out us asking for it. The court docket warned us that this new legislation was going to come back into power and that we may current (a request) to launch my consumer instantly,” mentioned the lawyer, who added that this process isn’t traditional in different circumstances.

Whereas the trainer had already been tried, Spain’s Prison Code establishes a precept that enables new legal legal guidelines to be retroactively utilized — provided that doing so advantages the defendant.

Advertisement

Within the new legislation, “as abuse and sexual assault have been merged (into one single crime), now all the things is taken into account assault,” the lawyer defined.

“In my consumer’s case there was no violence, so it has been decriminalised. That is why he was instantly launched from jail”, the lawyer mentioned.

Earlier than this yr’s reform, article 182 of Spain’s Prison Code condemned an individual who exploited a place of energy to abuse a sufferer between 16 and 18 years of age.

“Exerting affect to commit sexual abuse or permitting oneself to be abused, which was thought of a minor misconduct, is now not a criminal offense. And, since it’s now not a criminal offense, he must be launched,” mentioned Concepción Roig, spokesperson for Judges for Democracy.

All eyes flip to Irene Montero, the equality minister who was the main promoter behind the authorized reform and now faces intense criticism from different opposition events, civil society, judicial organisations and even a few of her political allies.

Advertisement

“Because of Irene Montero, (below the brand new legislation) my consumer would have solely spent a yr in jail. We weren’t in a position to get him acquitted, it was the Ministry of Equality,” mentioned García-Olay Samaniego.

The lawyer defined his request to launch the convicted trainer was written on half a sheet of paper. The Public Prosecutor’s Workplace opposed it however had no authorized standing to cease the request.

In whole, Antonio has successfully served three years in jail, although below the brand new legislation, he solely wanted to serve 15 months.

His lawyer now plans to request compensation from the Spanish state for the additional time served.

So what occurred with this new ‘solely sure is sure’ legislation?

The Madrid trainer’s case isn’t the one one to trigger a stir in current days.

Advertisement

After this new rape legislation entered into power on 7 October, there have been a rising variety of court docket rulings to cut back the sentences of intercourse offenders who had been convicted below the earlier laws.

For the time being, there are 14 decreased sentences for sexual abuse in Spain, with a lot of the circumstances in Madrid.

The controversy arises from the truth that the brand new legislation removes the excellence between sexual abuse and sexual aggression, consultants say.

Sexual aggression concerned using violence or intimidation whereas sexual abuse implied different sorts of means, explains José Luis Díez Ripollés, professor of Prison Legislation on the College of Málaga.

“This new legislation was made to offer extra significance to the position of consent. So, no matter whether or not violence or intimidation is used or not, all behaviour that isn’t consensual should be condemned in the identical manner,” Díez advised Euronews.

Advertisement

“By placing assault and abuse collectively in the identical offence, they’ve tried to discover a center floor for the penalties,” he added.

“As they might not use the penal framework for assaults as a result of it was too harsh for sexual abuse and so they couldn’t use the one for sexual abuse as a result of it was too mild for assaults, they determined to place the utmost restrict for assaults with the minimal for abuse,” he mentioned.

The consequence has been a variety of sentences from only a fantastic within the lightest circumstances to fifteen years in jail for probably the most critical ones, by reducing the minimal sentences and rising the utmost ones.

Sexual assault with penetration, which was punished with a minimal of six years in jail, is now punishable by 4 years.

“The choice to mix assault and abuse collectively was technically faulty. We warned about this earlier than the legislation was handed,” mentioned Díez.

Advertisement

“It was a mistake. The previous legislation was very properly drafted. However this has been an ideological reform by which they didn’t keep in mind how the Prison Code works,” he added.

Can the courts cease this?

In accordance with Manuel Cancio Meliá, Professor of Prison Legislation on the Autonomous College of Madrid, an individual who has already been convicted, even when they had been sentenced, shouldn’t have previous legal guidelines utilized to them except it advantages their case.

“This is the reason circumstances by which the sentence has been decreased should now be reviewed. Spanish courts should do that ex officio or on the request of the convicted particular person, even when she or he is already serving the sentence,” he advised Euronews.

Cancio Meliá argues that the courts are doing this in a really mechanical manner.

“They’ve to have a look at the case correctly. This legislation is a mix of offences that had been beforehand separate, so they need to look fastidiously at what occurred in every case,” he added.

Advertisement

“It should not be argued that, as a result of the article is similar however the sentencing is extra lenient, courts ought to evaluate all circumstances.”

But courts face a troublesome process as a result of whereas they’ll interpret legal guidelines, they can not reinterpret the info by including aggravating circumstances or sustaining a sentence that exceeds the restrict imposed by the brand new legislation.

“Prison legislation works in line with sure guidelines, and we judges should adjust to these guidelines as a result of we perceive that if legal guidelines evolve, it’s as a result of society has developed,” mentioned Roig, spokesperson at Judges for Democracy.

Spain’s equality ministry nevertheless has blamed the actions of judges.

Minister Irene Montero mentioned the discount of sentences is because of judges “breaking the legislation” because of “machismo” and defended the effectiveness of the unique textual content. 

Advertisement

“This isn’t as a result of we judges are sexist, nor as a result of the legislation has a crack in it,” counters Roig.

“If the picture of those that have to guard the victims, who’re the judges, is tarnished on this manner, the one factor they may obtain is that the victims won’t come ahead to denounce (sexual violence),” argued the spokesperson in reference to the minister’s statements, which had been broadly criticised.

“The legislation has gone by means of the whole parliamentary course of and no amendments had been made. The legislator has determined and now we have to use it,” she added.

The choice is now within the palms of the Supreme Courtroom, the place a number of appeals of sexual offence sentences requesting that Spain’s new legislation be taken into consideration have been tabled.

The tribunal is predicted to rule within the coming weeks on how the brand new legislation impacts circumstances tried below the earlier laws and its determination will set the trail for the Excessive Courts and Provincial Courts.

Advertisement

The intention is to unify the factors for some circumstances and keep away from disparate rulings.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

World

Studiocanal Rolls Out Premium Daily Series ‘The Vow’ in Central, Eastern Europe (EXCLUSIVE)

Published

on

Studiocanal Rolls Out Premium Daily Series ‘The Vow’ in Central, Eastern Europe (EXCLUSIVE)

Making further inroads into markets in Central and Eastern Europe and beyond, Studiocanal, one of Europe’s top production-distribution-international sales powerhouses, has clinched further sales on premium daily drama “The Vow” (“La Promesa”), closing Poland and two Baltic States, as well as France.

Produced by Spain’s Bambú Producciones (“Velvet,” “Cable Girls”), a Studiocanal company, Studiocanal and national Spanish public broadcaster RTVE, “The Vow” has been acquired by Polish pubcaster TVP Poland, state-backed network ERR Estonia and state-owned LTV Latvia.

In additional new sales, Dubai TV has closed rights to MENA territories. French free-to-air channel  C8, owned like Studiocanal by the Canal+ Group, will begin airing the series in July. 

Mediaset Italy has now acquired all three seasons of “The Vow,” as has Dori Media Israel and Finnish state network YLE. 

HRT Croatia and LTV Lithuania and commercial network KTV Kosovo, which have broadcast Season 1, have signed up for further seasons. 

Advertisement

Created by Josep Cister Rubio (“Acacias 38,” “Dos Vidas”) and written by Cister Rubio, Susana Prieto, Ruth García and Carmen Llano, “The Vow” begins in 1913 as Jana, a maid at the declining but still ruthless house of Luján seeks revenge for the murder of her mother. What Jana doesn’t anticipate, however, is that she will fall in love with Manuel, son of the Count of Lujan, who swears his love for her but cannot publicly commit to her, given the class gulf. 

Deals are announced on the first day of NATPE Budapest, and just after the conclusion of Spain’s Conecta Fiction.

They also come after “The Vow” has punched sterling ratings performance across the world. In Spain, where it launched on Jan. 12, 2023 on RTVE’s La1, its 14.2% share on June 5 this month was the second best in the series’ history and 5.1 percentage points over La1’s channel average in May.

In Latin America, where RTVE sold “The Vow” to HBO Max, thanks to No. 1 or No. 2 performances in near all territories, the series ranked No. 4 among all Max series worldwide on June 23. 

Headed by Ramón Campos, Bambú Producciones has launched multiple milestone revolutions in Spanish TV: the introduction of a U.S. pace iton free-to-air Spanish primetime shows (“Desaparecida,” 2007); direct sale of a Spanish original to Latin America without need for dubbing into neutral Spanish (“Gran Hotel,” 2011-13); the creation of free-to-air series which channel the constant twists and turns and surprises of melodrama in shows of premium production values of cable TV (“Velvet,” 2014-16 ).

Advertisement

In “The Vow,” empowered by muscular financing from RTVE and Studiocanal, Bambú has produced a premium daily drama not only often shot on location but very recently including scenes set in WW1.

Production of “The Vow” Season 3 is in progress, starring Ana Garcés, Arturo Sancho (“Heirs to the Land)”, Eva Martín (“Amar es para siempre”), Manuel Regueiro (“Acacias 38”) María Castro (“Seis Hermanas”) and Antonio Velázquez (“Cable Girls,” “Tierra de lobos”).

“Central & Eastern Europe continues to be a vibrant market for daily series, with ‘The Vow’ appealing to many and attracting loyal audiences across the region,” said Sarah Mottershead, VP sales, Studiocanal. 

“It’s a compelling, high quality production embracing romance, mystery and family relationships all set against a beautiful backdrop with glossy period details,” she added. “These qualities, combined with exceptional writing and acting skills, make it a real ratings winner with viewers. We are thrilled to have a third season in production ready to deliver even more irresistible storylines for this captivating long-running drama.”

“‘The Vow’ is showing very consistent and positive rating dynamics and it’s becoming one of the most popular telenovelas that’s been broadcast on LTV in recent years,” enthused Zane Valeniece, head of acquisitions at LTV Latvia. 

Advertisement

She continued: “LTV broadcasts high quality telenovelas at 10:30 am from Monday until Friday and it’s also an important content on the LTV digital platform. The show, which offers a rich storyline with amazing actors and filming locations, gives an exciting and strong daily habit for the audience.” 

Continue Reading

World

Study debunks popular climate myth about Easter Island 'ecocide'

Published

on

Study debunks popular climate myth about Easter Island 'ecocide'

A recently-published study challenges the popular myth that Easter Islanders’ ancient rock gardening practices caused their own downfall.

The journal article, which is titled “Island-wide characterization of agricultural production challenges the demographic collapse hypothesis for Rapa Nui,” was published in Science Advances on Friday. The study explains that Rapa Nui, also known as Easter Island, “is often used as an example of how overexploitation of limited resources resulted in a catastrophic population collapse.”

Hundreds of years ago, farmers on the island – located in the South Pacific – practiced “slash and burn” agriculture by tearing down palm trees and setting them on fire. Farmers would then practice rock gardening to help enrich their soil.

According to a popular myth, islanders were so focused on their rock farming – and erecting hundreds of gigantic stone statues – that their civilization collapsed. When Europeans discovered Easter Island in 1722, the island’s population was allegedly smaller than it once was.

ARCHAEOLOGISTS SURPRISED BY ‘INTRIGUING’ ART DRAWN BY CHRISTIAN PILGRIMS 1,500 YEARS AGO

Advertisement

A recently-published study debunks a popular climate myth about Easter Islanders’ farming practices. (iStock)

“A vital component of this narrative is that the rapid rise and fall of pre-contact Rapanui population growth rates was driven by the construction and overexploitation of once extensive rock gardens,” the article’s abstract section explains. “However, the extent of island-wide rock gardening, while key for understanding food systems and demography, must be better understood.”

Contrary to popular belief that rock gardening was bad for soil, the study says that the practice “enhanced plant productivity by increasing available soil nutrients and maintaining soil moisture.”

WOMAN OUT FOR WALK STUMBLES UPON ONCE-IN-A-DECADE DISCOVERY

“Given the benefits rock gardening has for increasing soil productivity and, thus, plant growth, its practice was a vital part of pre-contact Rapanui subsistence,” the article states. “Nearly half of the Rapanui diet consisted of terrestrial foods.”

Advertisement
Wide shot of Easter Island hill

This photo taken on April 5, 2024, shows Moai stone statues on Easter Island of Chile. Easter Island, known for its giant stone-carved heads facing out to sea, is located at the southernmost point of the Polynesian Triangle in the South Pacific, and is considered one of the world’s most remote inhabited regions.  (Zhu Yubo/Xinhua via Getty Images)

“In this regard, measuring the extent of rock gardens is critical for understanding the island’s pre-contact environmental carrying capacity.”

Researchers also used shortwave infrared (SWIR) satellite imagery and machine learning to determine that Easter Island’s population was likely smaller than previously claimed – challenging the myth that the island’s 1722 population was substantially smaller than it was hundreds of years earlier.

“Our estimates suggest that the maximum population supported by rock gardening is not ~17,000 as claimed through Ladefoged et al.’s rock gardening calculations but just 3901 using our measurements,” the study states.

For more Lifestyle articles, visit www.foxnews.com/lifestyle.

Advertisement

Despite research suggesting otherwise, the study’s authors acknowledge that the myth still remains popular outside of academia. 

Man walking on path near statues

Moais seen on the outer slopes of Rano Raraku volcanic crater. (John Milner/SOPA Images/LightRocket via Getty Images)

“Despite recent archaeological literature debunking ideas about Malthusian population overshoot, the premise that Rapanui society caused its own demise from unsustainable resource use and uncontrolled population increases has been widely popularized,” the article states. 

CLICK HERE FOR THE FOX NEWS APP

“While many researchers working on the island have shifted their narratives away from the assumptions of a pre-European collapse, the story remains prominent in disciplines such as ecology, paleoecology, and mathematics.”

Advertisement
Continue Reading

World

Israel accepts bilateral meeting with EU, but with conditions

Published

on

Israel accepts bilateral meeting with EU, but with conditions

The EU’s top diplomat had called for an Association Council to address Israel’s compliance with human rights

ADVERTISEMENT

Israel has accepted in principle to attend a key council on its bilateral relations with the European Union, but has dismissed top diplomat Josep Borrell’s suggestion the meeting should be convened specifically to address the situation in Gaza, an Israeli official told Euronews. 

However, the official reply letter by Israel to the EU seen by Euronews, does not refer to any specific agenda discussions nor a period or a date of when the association could take place.

Borrell announced in late May he would convene Israel “as soon as possible” to discuss “the situation in Gaza” and the “respect of human rights” to which Israel is bound under the so-called Association Agreement of 2000, which lays out the legal basis for trade and cooperation between the EU and Israel.

He also said the meeting would provide the opportunity to confront Netanyahu’s government about its compliance with the recent ruling of the International Court of Justice (ICJ), which ordered Israel to halt its intended military offensive in the southern city of Rafah. On June 5, Borrell officially extended the invitation to Israeli foreign minister Israel Katz.

Israel replied on 20 June with a letter by the Israeli ambassador to the EU and NATO Haim Regev, according to the document seen by Euronews, saying that “there exists both a need and an opportunity to convene a full, regular meeting of the Association Council”. 

Advertisement

However, “the agenda for this meeting should be mutually agreed upon by both parties. Foreign Minister Katz proposes that the discussion on the content and timing of the Association Council will be initiated through the established diplomatic channels,” the document states.

The letter makes no reference to a possible date or point of agenda discussion.

An Israeli official however told Euronews that although the country has agreed in principle to attend such a meeting, it rejects Borrell’s notionthat the Council should be an “ad hoc” one in response to the humanitarian crisis gripping Gaza.

The source said that any Association Council must be a “normal one” in line with previous occurrences, and that this format would allow parties to discuss the war in Gaza and compliance with human rights.

Israel has rejected any attempts to use the Council as “leverage” to bring the long-standing conflict between Israel and the Palestinians to the table as they say the Association Council would not be the right forum.

Advertisement

Bloc struggles to up pressure on Israel

It comes days after Israel Katz – the outspoken foreign minister – claimed on social media platform X he had struck an agreement with his Hungarian counterpart Péter Szijjártó to hold the Association Council during Budapest’s six-month rotating presidency of the Council of the EU, which kicks off in July.

But the Council presidency has no power to define the date of the Council and a limited role in the discussions as the EU delegation would be represented by the bloc’s top diplomat, a post currently held by Josep Borrell.

An EU official criticised what he described as a “huge misunderstanding in some quarters of the Israeli government” about what an Association Council is and by whom it is chaired, insisting that it is only the High Representative at the table and that it’s “completely irrelevant” who holds the rotating presidency.

Hungary is one of Israel’s staunchest European allies and has consistently held back EU decisions in response to the war in Gaza – including sanctions on violent Israeli settlers and an appeal on Israel not to strike Rafah – by wielding its veto power. 

Katz has also previously got himself into hot diplomatic waters with his provocative responses to the decision taken by a handful of EU countries to recognise the state of Palestine.

Advertisement

The decision to convene the Council came months after Ireland and Spain first pressed on the EU executive to renegotiate its Association Agreement with Israel.

Article 2 of that agreement, struck in 2000, stipulates that the deal is “based on respect for human rights and democratic principles.”

The EU is Israel’s main trading partner, accounting for just under a third of all commerce, meaning the Agreement is seen as a powerful tool for the bloc to exert pressure on Netanyahu’s war cabinet to refrain from its offensive in the war-torn Gaza Strip.

Continue Reading

Trending