The Supreme Court has rejected revising the sentence of a man convicted in 2022 by the Provincial Court of Las Palmas de Gran Canaria to six and a half years in prison for a crime of rape and six months for threats to his ex-partner, with the aggravating circumstance of gender and the mitigating circumstance of having deposited the bail before the trial.
The accused asked to take advantage of the possible benefits of the Comprehensive Guarantee of Sexual Freedom Law, which was opposed by the Prosecutor's Office, private prosecution, Provincial Court and the Superior Court of Justice of the Canary Islands (TSJC).
As the Supreme Court has now expressed, the argument for rejecting the appeal is to consider that if the events had occurred when the new law was in force, the result would have been identical.
The events took place around 9:30 p.m. on May 17, 2020, when the accused went to the home of his ex-partner located in the Lanzarote municipality of Teguise in order to explain the reason for the breakup.
Then they went out to talk and at that moment the accused grabbed her by the hair and took her to an open field where there were some containers and once there with a stone in his hand, he abused her and made threatening expressions so that she would not tell what happened, despite which the woman filed a complaint.
Five days later he was arrested and placed in pre-trial detention accused of a crime of rape and another of threats, which were recognized by the accused from the first moment.
Specifically, in both legislations the sentence is between 6 and 12 years and despite the mitigating circumstance applied, in the new law the sentence would add seven years for sexual assault, with which the revision would not be more favorable for the defendant, but quite the opposite.
At the time, other punishments were imposed such as the payment of compensation of 4,500 euros and a prohibition on the convicted person approaching within half a kilometer of the victim, her parents and brother for 23 years after leaving prison.
During that same time he cannot communicate with any of them and will remain in a situation of supervised release for seven years.
