An ecuadorian has been acquitted of the offence of sexual abuse for having relations consenting to a girl of 14 years from 2015, when they were legal, according to a statement known today.
What happened is that the age of consent was raised to 16 years of age on 1 July of that year after a reform in the Penal Code.
But the couple had begun their meetings before and remained after that change in the law, which led him to the man sentenced to five years in prison that has now been cancelled by the Supreme Court of Spain.
The man, ecuadorian as the girl, I was 29 years old at the time of the facts and was sentenced to five years in prison for sexual abuse on a judgment that has now annulled the Supreme.
In his appeal, the defense asked: “Is it possible that a person of nationality of ecuador ( … ), which has no studies, not used to reading press releases or contact with media (…) would know that had gone into effect a rule that changed, for the legality to illegality, a ratio of the root effective, raising the age up to 16 years?”.
from 1 July 2015, when it raises the age of consent from 13 to 16 years of age, “produces the paradox that a love relationship -the sentence speaks of love and courtship – permitted by the criminal law, becomes criminal because of the publication of the reform in the Official Bulletin of the State”.
“In this way -according to the Spanish Supreme-, a decision of criminal policy -whose formal legitimacy is not objectionable-, sentence hiding an affectionate relationship, beyond the exceptionalism with which it can be seen the difference of age of its protagonists, has been born in a social environment of tolerance and, as such, indifferent to criminal law”.
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