Adolescent sexual aggressors must take re-education courses
File image of a detainee for multiple violations. /
Minors accused of attacks against sexual freedom or gender violence will be prohibited from consent agreements, which minimize the penalty, unless proposed by the victim
All adolescents who are convicted of crimes against sexual freedom will have, regardless of the main sentence imposed on them, the legal obligation to undergo training programs in sexuality and equality. The judges will always have the obligation to order these re-education courses, as an accessory sentence, in the criminal sentences against aggressors and rapists between the ages of 14 and 17 that are handed down in Spain.
This reform of the Law of Criminal Responsibility of Minors will be included in one of the final provisions of the law of 'only yes is yes', which will be approved tomorrow by the plenary session of Congress, with the idea that the Senate will ratify it in a few weeks and can enter in force, perhaps in the summer, with its publication in the BOE. The measure is the result of a last-minute amendment agreed by PSOE, United We Can, Esquerra and EH Bildu, who have enough votes to incorporate it into the norm tomorrow.
The amendment responds to the significant increase in Spain in abuses and rapes committed by adolescents – whose most disgusting and alarming exponent is the proliferation of attacks in packs – and the also notable increase in physical, verbal and psychological aggressions of these same boys towards their girlfriends and ex-girlfriends.
The changes, which will be approved in Congress within the law of 'only yes is yes', seek that the boys do not repeat the crimes because sexist violence has been perpetuated in them
All the experts agree that the origin of the multiplication of this sexist violence lies in the epidemic of pornography consumption among young Spaniards, which makes them internalize violent sexual schemes and domination over women as normal, often representing them as mere slaves and sexual objects, in humiliating, servile and humiliating situations. It is, in short, a sexual disinformation that takes for perfectly admissible sexist and criminal patterns. This is where the reform makes sense, so that these boys receive by obligation a sexual reeducation and in healthy and quality equality, which prevents them from repeating crimes and chronicling and perpetuating toxic macho concepts.
For the same reason, the same joint amendment will amend article 10 of the juvenile criminal law so that judges do not have the possibility of suspending or substituting for these adolescent aggressors and rapists part of the sentence of confinement in a closed center – the equivalent of jail for the elderly – unless they take the same type of course in sexual education and equality first, also by obligation. In any case, the reduction of the internment sentence, its suspension or its substitution for another less burdensome one, may not be agreed by the judge until the juvenile delinquent has served at least half of the confinement. Before agreeing to the suspension or substitution, the magistrate must hear the prosecutor and the other accusations and receive reports from the technical teams dealing with the minor.
the third change
The last-minute collective amendment introduces a third change of relevance in the penal code for young people. It toughens the conditions so that these adolescent sexist aggressors can avoid part of their sentence through an agreement of conformity of the parties, which is normally ratified by the judge without the need to hold a trial.
The reform that Congress will approve this Thursday will say that this criminal conciliation is prohibited. It will be systemically impossible for all juvenile crimes of gender violence or against sexual freedom, unless the victim expressly requests to open the mediation process that avoids trial. But, again, it will not be the only condition for a successful mediation. In these cases, conciliation will not be possible if the sexist aggressor does not first complete the training program on sexuality and equality.
The modification is important because, according to the juvenile criminal law, for the rest of the crimes, conciliation can take place freely as long as there is an agreement between the parties – which is often between the defense attorney and the prosecutor. –, that the minor recognizes the damage caused and apologizes to the victim, who must accept them, and close a commitment to repair that will include civil liability.
