World
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.
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.
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.
“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.
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.
“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.
“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.
“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.
“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.
The intention is to unify the factors for some circumstances and keep away from disparate rulings.
As the war enters its 842nd day, these are the main developments.
Here is the situation on Sunday, June 16, 2024.
Politics and diplomacy
- World leaders are gathering in Switzerland for the second day of a major peace conference to pursue a consensus on condemning Russia’s invasion of Ukraine and underscoring concerns about the war’s human cost.
- Ukrainian President Volodymyr Zelenskyy has voiced hope of garnering international agreement around a proposal to end the war that he could present to Moscow.
- The circle of countries participating in the process of working towards a peace plan for Ukraine should be widened, French President Emmanuel Macron said during the opening of the peace summit.
- Italian Prime Minister Giorgia Meloni described as “propaganda” Russian President Vladimir Putin’s demand that Ukraine effectively surrender before any peace talks.
- United States Vice President Kamala Harris announced another $1.5bn in assistance to Ukraine, as she pledged the US’s full support in backing Kyiv’s efforts to achieve “a just and lasting peace” in the face of the war with Russia.
- A draft of the final summit declaration reportedly refers to Russia’s invasion as a “war” – a label Moscow rejects – and calls for Ukraine’s control over the Zaporizhzhia nuclear plant and its Azov Sea ports to be restored, the Reuters news agency reported.
- White House National Security Advisor Jake Sullivan told reporters that Qatar had helped to mediate the return from Russia of 30 or more Ukrainian children to their families. Kyiv claims that as many as 20,000 children have been taken to Russia or Russian-occupied territory without the consent of family or guardians since the war began.
- More than 90 countries are taking part in the summit, but China said it would boycott the event after Russia was frozen out of the process.
Fighting
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The peace summit comes at a perilous moment for Ukraine on the battlefield, with Russian forces advancing against outmanned and outgunned Ukrainian units.
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Near Ukraine’s embattled eastern front, hopes for a diplomatic breakthrough are nearly nil. “I’d like to hope that it will bring some changes in the future. But, as experience shows, nothing comes of it,” Maksym, a tank commander in the Donetsk region, told the AFP news agency.
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Outside the peace summit venue in Switzerland, the wife of a Ukrainian soldier captured by Russia said she hoped the leaders could agree to “some exchange process for the prisoners of war”. “I want to see my husband,” Hanna, who fled her home in the southern Ukrainian city of Mariupol and now lives in Sweden, told AFP.
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Meanwhile, Russian army defectors live in fear of reprisal from Moscow after abandoning their posts in the ongoing war with Ukraine. Many also feel abandoned by the West, as they do not have the necessary passports and only have documents allowing them to reach neighbouring Kazakhstan or Armenia.
Russia and Ukraine failed to agree on a range of critical issues when they held peace talks in the spring of 2022. Documents from those talks obtained by The New York Times shed new light on what those issues were — and what are likely to be the main sticking points in any future negotiations to end Europe’s biggest land war in generations.
President Vladimir V. Putin had referred to the 2022 talks as a foundation for any future deal, but shifted to a harder line on Friday, demanding Ukraine cede territory that is not even under Russian control. Ukrainian and Western officials have long suspected that Russia would not be willing to settle for anything less than the full subjugation of Ukraine.
1. Ukrainian neutrality:
Will it join NATO?
Ukraine’s efforts to join the Western military alliance were at the core of Mr. Putin’s justifications for invading the country in February 2022.
Russia’s Position
Russia demanded that Ukraine never join NATO or other alliances; host foreign military bases or weapons; or conduct military exercises with other countries without its consent. In the 2022 talks, Russia pledged not to stand in the way of Ukraine’s possible membership in the European Union.
Ukraine’s Position
Ukraine offered to become a “permanently neutral state” and to “terminate international treaties and agreements that are incompatible with permanent neutrality.” But in the two years since, Ukraine’s leaders have become more vocal about seeking to join the Western military alliance as Russia’s war has continued.
2. Security guarantees:
What happens if Ukraine is attacked again?
Pledges from other countries to protect Ukraine if Russia mounts another invasion are bound to be at the center of any durable peace, some experts say.
Ukraine’s Position
Ukraine proposed a security mechanism that would be triggered “in the event of an armed attack on Ukraine.” The “guarantor” countries that signed on to the treaty would hold “urgent and immediate consultations” for no more than three days. Then, they would take “individual or joint action as may be necessary” to protect Ukraine, including establishing a no-fly zone, providing weapons and using military force.
Russia’s Position
Russia agreed to much of Ukraine’s security guarantees proposal but with key exceptions. It balked at the idea of other countries establishing a no-fly zone or providing Ukraine with weapons. Most important, Russia sought to insert a clause that would require all guarantor countries — including Russia itself — to agree on military intervention. The idea stands as perhaps the most intractable sticking point in the draft, rendering the security guarantees moot by allowing Russia to veto any international response if it invaded Ukraine again.
There was also a question: What countries would actually be willing to guarantee Ukraine’s security? The United States, the U.K., France, China and Russia itself were all listed in the draft of the treaty as guarantors. Russia also wanted to include Belarus, while Ukraine wanted to add Turkey; it’s unclear whether the countries had given their assent. If Ukraine eventually joins NATO, the Western alliance will have to deal with similarly thorny issues about how to respond if Ukraine is attacked again.
3. Territory:
How much of Ukraine would remain under Russian occupation?
For Ukraine, a peace deal would be likely to come at the expense of accepting Russian control over some part of its territory.
Ukraine’s Position
In the 2022 talks, Ukraine refused to recognize Russian control over any of the country, including Crimea, which Russia illegally annexed in 2014. But Ukraine did offer a deal in which the two countries would agree to “resolve issues related to Crimea” through 10 or 15 years of diplomacy, and would pledge to avoid doing so by “military means.”
Ukraine appeared ready to accept some swath of the country’s east also remaining under Russian occupation, with the precise contours to be hashed out in a meeting between President Volodymyr Zelensky and Mr. Putin that never came.
Mr. Zelensky’s position has since hardened. He says Ukraine is fighting to liberate all internationally recognized territory, including Crimea, under Russian control.
Russia’s Position
Russia’s stance has also fluctuated. At the outset of the 2022 negotiations, Russia demanded that Ukraine give up its entire eastern Donbas region and recognize Russian sovereignty over Crimea. By April, Russia had accepted a model in which Crimea and some other parts of Ukraine would remain under Russian occupation that Ukraine would not recognize as being legal.
Now, however, Russia’s territorial demands appear more extreme. In September 2022, Mr. Putin declared four Ukrainian regions, in addition to Crimea, to be part of Russia, even though Ukraine still controlled much of that territory. On Friday, Mr. Putin went further than in the past, declaring that any ceasefire would be contingent on Ukraine ceding all four regions to Russia, none of which Russia fully controls.
4. How would a cease-fire work?
The logistics of how to put a truce into effect are likely to pose one of the most difficult challenges of any negotiations.
Russia’s Position
An annex to the April 2022 draft added by Russia’s negotiators spelled out how Moscow saw a cease-fire taking hold. They said it would begin when the treaty was “provisionally applied” — defined as the day it was signed by Ukraine and most of the guarantor countries, including Russia. Both sides would not “carry out actions that could lead to the expansion of the territory controlled by them or cause a resumption of hostilities.”
Under Russia’s proposed terms, Moscow’s troops would have more flexibility in withdrawing from the battlefield. While Ukraine would be required to withdraw immediately, Russia’s withdrawal would be the subject of separate “consultations.”
International organizations could also be involved. Russia proposed that the United Nations monitor the cease-fire and that the Red Cross participate in the exchange of prisoners of war, interned civilians and the remains of the dead.
Ukraine’s Position
The April 2022 draft shows that Ukraine rejected Russia’s proposal but does not show a Ukrainian counteroffer. Instead, Ukrainian officials pointed out that Russia could stop fighting at any time. A note inserted by Ukrainian officials into the March 2022 treaty draft says: “The Russian side has ignored Ukraine’s numerous requests for a ceasefire.”
5. Ukrainian national identity
When Mr. Putin announced his invasion on Feb. 24, 2022, he described one of his goals as the “denazification” of Ukraine. The term was widely interpreted as referring to the Kremlin’s goal of toppling Mr. Zelensky’s government and replacing it with a puppet regime.
Russia’s Position
But Russia’s definition of “denazification” shifted quickly after its initial invasion failed. Negotiators for Moscow wanted Russian to be declared an official language and laws promoting Ukrainian language and identity to be repealed. They inserted two annexes into the draft treaty listing the articles of the legal code and Ukrainian Constitution that they wanted repealed, referring to some of them as laws on “nazification and heroization of Nazism.”
Ukraine’s Position
Ukraine balked at including any of Russia’s demands in a deal to end the war, arguing that they were “not related to the subject matter of the treaty.”
6. Limits on Ukraine’s military
Mr. Putin also called for Ukraine’s “demilitarization” when he announced his invasion, like “denazification” an ill-defined term.
Russia’s Position
Russia sought caps on the size of Ukraine’s military, including its total strength (up to 100,000 people), and the quantity of different types of weapons it would have — 147 mortars and 10 combat helicopters, for example. It also wanted the firing range of Ukraine’s missiles to be restricted to just 25 miles.
Ukraine’s Position
In the 2022 talks, Ukraine was willing to accept caps on the size of its military, but much higher ones. It sought an army of up to 250,000 people, 1,080 mortars and 60 combat helicopters. And it offered to restrict the range of its missiles to 174 miles. But that was before Ukraine began to receive significant amounts of arms, equipment and training from the West. Ukrainian officials point out that Ukraine’s military is now one of the most powerful in Europe, and it is unlikely that they would accept limits on the country’s ability to defend itself.
Original documents
To omit identifying markings, these documents have been retyped to resemble the originals. Typographical errors in the original documents have been retained.
March 17, 2022, treaty draft An early draft of a Ukraine-Russia treaty. The document is an English translation that Ukraine provided to Western governments at the time. [English]
March 29, 2022, Istanbul Communiqué The proposed agreement that was discussed at in-person talks in Istanbul, as summarized by Ukrainian negotiators. [English translation] [Russian original]
April 15, 2022, treaty draft A later draft of a Ukraine-Russia treaty. The document’s header shows this was a version that landed on President Vladimir Putin’s desk. The map referred to as Annex 6 is not included. [English translation] [Russian original]
A video has gone viral showing Italian Prime Minister Giorgia Meloni looking not too thrilled about shaking the hand of French President Emmanuel Macron during the G-7 summit in Italy.
The video clip from Friday shows Macron going down a line, shaking the hands of Italian President Sergio Mattarella and his daughter, First Lady of Italy Laura Mattarella, before arriving at Meloni.
French President Emmanuel Macron, left, listens to Italian Prime Minister Giorgia Meloni in a working session with world leaders during a G-7 summit at Borgo Egnazia, Italy, on Thursday. (AP Photo/Andrew Medichini)
As Macron makes his way down the line, Meloni can be seen giving a frosty “death stare” at Macron. When the French leader arrives, she appears to force a smile as the two shake hands.
Italian Prime Minister Giorgia Meloni stares at French President Emmanuel Macron after shaking hands at the G-7 summit. (Fox News Digital)
The exchange came after the two leaders clashed over the use of the word “abortion” in the G-7 statement. Meloni’s government had sought to water down references to abortion in the final statement issued by all the G-7 nations at the end of the summit.
SPOTLIGHT ON ITALY’S MELONI AS SHE HOSTS BIDEN, G-7 LEADERS AMID ONGOING GLOBAL CRISIS
The final statement, released Friday, omits the word “abortion” but does reference the need to promote “reproductive health and rights.”
Macron said that he regretted the decision, telling an Italian reporter on Thursday, “It’s not a vision that’s shared across all the political spectrum.”
Italian Prime Minister Giorgia Meloni speaks during a final media conference at the G-7 in Borgo Egnazia, near Bari in southern Italy, on Saturday. (AP Photo/Andrew Medichini)
“I regret it, but I respect it because it was the sovereign choice of your people,” Macron said.
Meloni told reporters Saturday that a suspected row with Macron had been blown out of proportion.
Meloni, who in 2022 became Italy’s first female Prime Minister, campaigned with the slogan of “God, fatherland, and family.” She has prioritized encouraging women to have babies to reverse Italy’s demographic crisis.
Italy legalized abortion in 1978, and Meloni has promised she won’t roll back the law.
Fox News Digital has reached out to Meloni’s office for comment.
The Associated Press contributed to this report.
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