Lorraine Williamson
In a controversial development, two members of ‘La Manada’, the group convicted of the 2016 gang rape during Pamplona’s San Fermín festival, have had their prison sentences reduced. José Ángel Prenda and Jesús Escudero saw their sentences decrease from 15 to 14 years, following the application of Spain’s ‘Only Yes Means Yes’ law.
This decision aligns with a prior reduction granted to fellow convict Ángel Boza.
Legal basis for reductions
The ‘Only Yes Means Yes’ law, officially known as Organic Law 10/2022, redefined sexual offenses by merging sexual abuse and sexual assault into a single category. While intended to strengthen protections, the law inadvertently lowered minimum sentences for certain offenses. Spanish legal principles mandate that the most favourable law to the defendant applies retroactively, enabling convicted individuals to seek sentence reductions under the new guidelines.
Judicial responses
The Navarre Court’s decision to reduce the sentences of Prenda and Escudero follows the precedent set by the Supreme Court’s earlier ruling in Boza’s case. The prosecution did not oppose these reductions, although the victim and public accusers expressed their dissent. The Navarre government is currently considering an appeal against these decisions.
Wider implications and criticisms
The law’s unintended consequences have sparked significant controversy. Over 1,000 offenders have reportedly benefited from reduced sentences or early releases due to the legislation’s loopholes. Critics argue that the law was enacted without sufficient legal safeguards, despite prior warnings from experts about potential adverse outcomes. The situation has led to public outcry and debates about the efficacy of the legal reforms.
Government’s stance and future actions
In response to the backlash, the Spanish government has acknowledged the law’s shortcomings. Prime Minister Pedro Sánchez issued a public apology for the loophole and referred to it as his administration’s “biggest mistake.” Efforts are underway to amend the legislation to prevent further unintended sentence reductions and to restore public confidence in the legal system’s ability to protect victims of sexual violence.
The case of ‘La Manada‘ continues to influence Spain’s legal landscape, highlighting the complexities involved in reforming laws related to sexual offenses. As the government seeks to rectify these issues, the balance between protecting victims and ensuring fair legal processes remains a focal point of national discourse.