Sentence Reduced for Two Members of La Manada Thanks to the 'Only Yes Means Yes' Act

Former Minister of Equality Irene Montero approved the Organic Act on Comprehensive Guarantee of Sexual Freedom in 2022, better known as the "Yes Means Yes" Act. One of its main objectives was to place consent at the center of sexual and affective relationships. This resulted in the elevation of all sexual offenses, from the mildest to the most severe.

The grouping of all offenses into a single category led to the reduction of more than a thousand sentences for rapists, abusers, and pedophiles. The paradox is that the "Yes Means Yes" Act was promoted following feminist protests over the La Manada case. But it ended up benefiting the members of La Manada, with the reduction of their sentences.

The Provincial Court of Navarra has just reduced the prison sentence of two members of La Manada from 15 to 14 years. These are José Ángel Prenda and Jesús Escudero. The court feels "obliged" to follow the doctrine of the Supreme Court, which had already reduced the sentence of another member of La Manada (Ángel Boza) in the same way.

Ángel Boza's defense requested in 2023 the reduction of his client's sentence, which after the approval of the "Yes Means Yes" Act had remained above the established minimum. The Superior Court of Justice of Navarra agreed, reducing the sentence from 15 to 14 years. After the ratification, the defenses of Prenda and Escudero followed the same path.

The private prosecution and popular accusations opposed the reduction. The Prosecutor's Office, however, argued that the criterion established by the Supreme Court had to be followed and the sentences reduced. In the end, the Court followed the prosecutor's recommendation.

Blunder or Patriarchal Justice?

The reduction of the sentences of the members of La Manada highlights the blunder of the "Yes Means Yes" Act. It was paradoxically defended by the most radical feminism. Experts had already warned of gaps in the wording of the bill that could cause problems. Still, the former minister refused to rectify it and attributed the reduction of sentences to a sexist interpretation of the law.

Is the review of sentences a consequence of this country's patriarchal justice? Or does the law really allow the reduction of sentences for rapists and pedophiles?

According to experts, the new act does open the door to sentence reductions. The key lies in the elimination of the distinction between sexual abuse and assault, and the unification of all sexual offenses into a single category. Although it was done with the intention of increasing the severity of the milder offenses, in practice it has benefited the convicted.

By unifying the offenses, the sentences were also unified, moving from a range of six to twelve to one of four to twelve. Judges tend to always lean toward the lower ranges. Additionally, the retroactive principle of more favorable sanctions is contemplated, which opened the door to the review of hundreds of rape sentences.