The vice president of the Government, Carmen Calvo, considers that the ruling of the Superior Court of Justice of Navarra on La Manada "gives credibility to the victim". Calvo, who is a jurist, sees "foreseeable that the five condemned enter immediately in prison" after this new ruling. It also highlights that two particular votes ask for a conviction for sexual assault, not for abuse.
The ruling reinforces the need to accurately update the crimes of rape and sexual assault, differentiated from abuses. The Government is already working on this legal modification. Because only yes is yes.
– Carmen Calvo (@carmencalvo_) December 5, 2018
The ruling of the Superior Court of Justice of Navarra confirms the sentence of nine years to its five members for sexual abuse. The particular votes enter fully into the debate that opened this case and that means to understand that what happened on the Paulino Caballero street in Pamplona at dawn on July 7, 2016 was a violent act. Calvo, who has pronounced himself on his Twitter account, demands that sexual crimes be updated "with precision": "We share the concern that the division of criteria in the judiciary with regard to the sentence of . It is about very serious events that generate insecurity among women. "
The main associations of judges and magistrates have expressed and requested this Wednesday have called on the legislator to undertake a reform of the Criminal Code to clarify the definition of sexual crimes, given the "thin line" that, point, generates doubts in cases like this. It is a task pending for the criminal section of the General Codification Commission, which will meet on December 13.
The panel of experts of the commission -15 women and 13 men-e met in mid-November. According to one of its members, there is a broad consensus on the idea of removing the term "abuse" from Spanish law and that all attacks against sexual freedom should be considered "aggression". His opinion is not binding for legislators, although the vice president of the Government, Carmen Calvo, recalled on Wednesday that "the Government is already working on this legal modification" that will mean "updating with precision the crimes of rape and sexual assault, differentiated from abuses. "
The president of the Professional Association of Magistrates, Manuel Almenar, has stressed that there is "a very tenuous line susceptible of many nuances and opinions" between the sexual abuse with prevalimiento for which the five Sevillians have been condemned and the sexual assault that They denounced the victim and the Prosecutor's Office, according to statements made by Europa Press. In similar terms, the spokesperson for Judges and Judges for Democracy, Ignacio González, has said that "the criterion of the Provincial Court has been ratified but the question that remains in force is the issue of the distinction between abuse and aggression and between intimidation and cruelty "and even" the own magistrates in the sentence recognize the difficulties that there are to distinguish them ".
Different jurists also consider that this new sentence is a small step forward. The coordinator of the network of specialized prosecutors against gender violence, Pilar Martín Nájera, believes that "includes assessments and considerations that reinforce the victim and point out that there has been no consent, but passive suffering and that greatly clarifies the judgment of the first court " The new ruling is far from the request of the Office of the Prosecutor, who requested a conviction for a continuing offense of sexual assault because he saw a "very clear intimidation" in the actions of the five convicts. Martín Nájera also emphasizes that the sentence between assessing whether there is a crime against the privacy of the victim by the images recorded by the members of La Manada with their mobile phone while they were in the Pamplona portal.
For Viviana Waisman, president of Women's Link, this decision "demonstrates clearly that the facts can be observed in a very different way". "The two particular votes They have had the ability to analyze with a gender perspective and see that it was a violation. This shows that this perspective and urgent training for all judges is necessary; and it is also an opportunity for the Supreme to continue in that line and a change occurs in the crime that was committed. It makes no sense to judge facts like these without this vision. "
The former president of the Observatory against Gender Violence of the General Council of the Judiciary, Inmaculada Montalbán, points out that the new ruling "has the effect of determining that there was no consent and thus settle this issue" when considering the first sentence but not the private vote issued in the first sentence by Judge Ricardo González, who only observes five men and one woman practicing "sexual acts in an atmosphere of merriment and rejoicing" and therefore requested the acquittal of the five involved. That supposes that the following debate remains in the hands of the Supreme Court, which "must decide whether to imprison an 18-year-old girl by five older men and complexions determined to satisfy their sexual pretensions can be equated to intimidation because they subject the victim who does not see any possibility of obtaining help from third parties. "
The spokeswoman for Mujeres Judzas, Lucía Avilés, believes that the ruling leaves "no doubt about the victim's lack of consent and admits the difficulties in separating between intimidation and prevalence." The sentence "assumes the postulates of I do believe you and through the private vote also that of It's not abuse, it's rape" The judge defends that in this case "through the private vote begins the recomposition of the breach opened between particular justice and is a balm that opens the door to the Supreme Court." Something that also await in the association Lawyers for Equality, its spokesperson, Elena Ocejo, remember that the Supreme "has already applied the gender perspective to cases of gender violence and it should start with the topics of sexual violence, without ambiguity and without doubts. "For her the key element is intimidation:" And it is so evident that the fact of not seeing it shows the mentality that underlies, that refuses to recognize it. , patriarchal. That is what the Supreme Court must correct. "
We can: "Shame is confirmed"
The acting president of the Junta de Andalucía, Susana Díaz, has said that she does not share the ruling: "The importance of what happened can not be underestimated." The judges have not taken into account the great suffering of the victim, nor the dangerous message of impunity that is sent to society and, above all, to young people, being lukewarm in condemning violence against women ", reports Eva Saiz. Díaz adds that the magistrates "have lost the opportunity to send a clear, unequivocal signal that helps to stop the wave of mistreatment of the women we are suffering, and that now Vox's extreme right tries to frivolize and minimize when the number of Women victims of abuse, they and their children, or victims of sexual violence or trafficking, are intolerable in a State of Law. "
"The shame is confirmed, those in La Manada are condemned for sexual abuse but not for sexual assault, and then there will be institutional campaigns calling the victims to denounce. has commented on Twitter one of the leaders of Podemos, Íñigo Errejón, after knowing the decision of the Navarrese judges to maintain the penalty of nine years of prison to the five young people of Seville.
"Women are being told that if they do not kick, if they do not scream, if they do not play their lives, they are not being raped, we are going to present a law that shields that only if it is yes. courts of justice porque, unfortunately, has been installed" in them, said Pablo Iglesias in an interview in The breakfast of TVE.
Iglesias has insisted on the need to give gender training to judges and prosecutors. The leader of the purple party has recalled that in his support for the motion of censure of the PSOE made as a condition the approval of a law of sexual freedom to avoid sentences such as La Manada and stressed that he would not understand that the political forces that supported Pedro Sánchez does not support this law.