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Spain saw big protests in 2018-19 as many saw the Pamplona "wolf pack" verdict as too lenient


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A row has erupted in Spain after it emerged a landmark law to toughen penalties for sex crimes is being used by lawyers to reduce clients' existing sentences.
The "only yes means yes" law was prompted by the notorious 2016 Manada or "wolf pack" case, when five men raped an 18-year-old woman in Pamplona.
The new law took effect last month.
But, according to Spanish media, at least four sex offenders can now leave jail early as a result of the change.
Lawyers have also won sentence reductions for convicted abusers in at least eight other cases.
A lawyer for the Manada gang, Agustín Martínez, also revealed he was working to get a reduced sentence for one of the five convicted of the attack.
This is because the Spanish criminal code states that when a new law is introduced, new sentences contained within it can be retroactively applied to convicted criminals if they stand to benefit.
So in some cases, lawyers argued that the new law established lower minimum sentences, and that the original sentences should therefore be reduced.
Spain's Equality Minister Irene Montero, who steered the new law into effect, defended it by saying "machismo may make some judges apply the law incorrectly".
Her comment "provoked uproar among the legal profession", Prof Carlos Flores, a law lecturer at the University of Valencia, told the BBC, saying Ms Montero had "decided to put all the blame on the judges, and not admit a mistake". The main judges' associations also jointly rejected her claim of male chauvinist bias.
"Now 55% of Spanish judges are women, so blaming them for 'machismo' is an insult. And the legal education of judges in gender issues has been going on for a long time," Prof Flores pointed out.
This row is particularly uncomfortable for the government of Prime Minister Pedro Sánchez as gender equality has been a major policy focus since it took power in early 2020.
The new law was one of the government's landmark reforms, prompted by widespread outrage after the five were found guilty of sexual abuse, but not rape, and got nine-year jail sentences during their initial trial. After mass protests, the Supreme Court in 2019 increased the jail terms to 15 years.
At the original trial, the men had been cleared of rape on the grounds that neither violence nor intimidation had been used.
The new Guarantee of Sexual Freedom law stipulates that victims no longer have to prove that they suffered violence or intimidation, or that they physically resisted, in order to show that they have suffered a sexual assault. Any sexual act without consent will be liable to be deemed assault.
Activists say rage over the "wolfpack" case ignited a feminist revolution (Video from 2019)
Amid controversy over the recent sentence reductions, Finance Minister María Jesús Montero said she thought the issue needed to be reviewed "because evidently the goal... wasn't to lower the sentences for abuse of minors - quite the opposite".
In one recent case, a man jailed for eight years for having sexually abused his 13-year-old stepdaughter had his sentence cut by two years, by a Madrid court.
A man who raped a 67-year-old woman in her own home was jailed for three years and 10 months, but a Barcelona court ruled that, under the new law, his sentence should be between two and four years.
In Majorca, two sex abusers jailed for three years can now go free, a court has ruled, because they have already served two years.
Prof Flores noted that Justice Minister Pilar Llop - a Socialist - had not commented on this "major legal embarrassment" for the government. He saw that silence as a sign that the new law was "adding to the division in the coalition" between the Socialists and Podemos, the junior party in the leftist coalition.
"Even if you go back to a more punitive law you cannot apply it retrospectively," he said, adding that "we are bound to have a growing number of cases reviewed".
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A legal challenge in Cardiff heard a group of five parents want the right to take their children out of sex education classes
Campaigners believe guidance for the lessons ignores "traditional" issues
Campaigners have taken the Welsh government to court over sex education lessons they claim give prominence to LGBTQ+ themes.
A judicial review at the High Court in Cardiff heard a group of five parents want the right to take their children out of classes.
They claim Relationships and Sexuality Education guidance ignores traditional issues related to "family life".
The Welsh government denies the claims and said lessons were age appropriate.
It said the youngest children would be taught topics such as sharing, kindness and respect.
RSE is a mandatory part of the new curriculum for all primary and some secondary school children and was introduced in September 2022.
Previously, secondary school children had to be offered sex education, which parents could opt out of.
Their lawyers told the court a "fundamental right" was at stake over whether parents should have control over what their children were taught in school.
They argued a code and guidance supporting schools to deliver RSE does not mention "traditional" issues related to "family life", while giving prominence to LGBTQ+ themes and want to stop RSE lessons being taught under this guidance.
The Welsh government has insisted RSE is "vital" and said teaching was appropriate for each stage of children's development.
Its lawyers said the parents' concerns were not based on "any particular teaching".
On Wednesday, Jonathan Moffet KC, for the Welsh government, disputed the claim parental rights could not be supplanted by legislation.
He rejected the argument of Paul Diamond, for the parents, that ministers used "sleight of hand" to scrap the right to remove children from lessons.
He said RSE guidance did not promote lifestyles but taught tolerance, respect and understanding.
But Mr Diamond accused ministers of being "disrespectful" of the claimants and dubbed some arguments in favour of axing parents' opt-out "appalling" and "barbaric".
Outside the hearing, opponents of the new curriculum held a protest.
Judge Mrs Justice Steyn said she would make her judgement at a later date.
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The Sex Party review – spiky comedy fails to satisfy
Bigotry in the bedroom … Timothy Hutton and Pooya Mohseni in The Sex Party. Photograph: Alastair Muir
Timothy Hutton on The Sex Party: ‘Do I think it will be controversial? I don’t know …’
Original reporting and incisive analysis, direct from the Guardian every morning
© 2022 Guardian News & Media Limited or its affiliated companies. All rights reserved. (modern)
Menier Chocolate Factory, London There’s tension in Terry Johnson’s tale of four couples meeting for sex and nibbles but the unruly debate isn’t deep enough
A t first, The Sex Party looks like a retro BBC sitcom about swingers, although that term is banned at this adult shindig. Four couples collect for sex and nibbles at a cool north London postcode. There is gleeful talk about getting it on and a fair share of parading around in lingerie and thigh boots.
But Terry Johnson’s spiky comedy takes us from the familiar fare of smut and sniggering double entendres to something bolder and more awkward in the sex/gender debate at its centre, even if it does not reach a satisfying end.
We only ever see what happens in the high-end kitchen (set designed by Tim Shortall) but we get a vivid idea of the action in the living room from the moans and groans we hear. In a production also directed by Johnson, the acting stays fine across the board although the characters are flimsy (Lisa Dwan especially does wonders with her part) and the star casting of Timothy Hutton stays strangely marginal for too long. He drifts on and off stage, saying little and looking like a cliched California guru in yoga pants.
The dialogue often goes off on random, unruly riffs; one character (Will Barton) talks about taking MDMA and the dialogue sounds under the influence too.
The play’s grenade is lobbed as the first act closes, with the entry of Lucy (Pooya Mohseni), a trans woman, and from here on in it feels like another play altogether. Doris Lessing, in a Penguin introduction to Lady Chatterley’s Lover, wrote that what happens in the bedroom is a “report on the sex war” outside it and it seems to be the case with this living room; suddenly, no one wants to convene there and a very live tension is in the air.
Much is flung at us, from talk of toilets to language and JK Rowling and it feels genuinely edgy. It is brave of Johnson to grapple with a debate that has become so divisive that a meeting of this kind would be unimaginable in real life. But arguments come thick and fast without being explored. Johnson seems to be shooting an arrow through the issues of the day – including, too briefly, consent – but it comes to feel like a dramatised version of Twitter.
The room exposes its bigots and we finally see the point of Hutton’s character but as more plot-points are lobbed at us in the closing moments it feels much less like a sitcom than an entire series rolled into one production.

Suffolk Police apology over sex abuse victims' data on website
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Suffolk's police and crime commissioner apologised after personal details of victims appeared online
An investigation has begun after the personal details of sexual abuse victims appeared on a police website.
Names and addresses of victims could be seen on the Suffolk Police website but "this matter was quickly resolved", a spokesman confirmed.
Police and crime commissioner Tim Passmore issued an "unreserved apology" for the breach.
A spokeswoman for Suffolk Rape Crisis warned that any leak could "put women at threat of further violence".
The published information included victims' names, addresses, dates of birth and details of the offences committed, the East Anglian Daily Times said, with reports it affected "hundreds of people".
In a statement, the force confirmed an investigation had been launched.
"Suffolk Police were made aware that some personal information, which should not have been uploaded, could be accessed via the constabulary website," it said.
"This matter was quickly resolved and the information can no longer be accessed.
"We take our obligations under the Data Protection Act very seriously."
Suffolk Police has launched an investigation into the data breach
Mr Passmore told BBC Radio Suffolk: "I want to make it clear I am extremely sorry and issue an unreserved apology for anyone who might have been affected.
"I can understand the huge concern it might have caused people who have been victims of this sort of terrible crime."
He said he had spoken to deputy chief constable Rob Jones to support "anyone in distress" and make sure the inquiry was completed quickly.
However, charity Suffolk Rape Crisis, which supports victims of sexual violence, said it would have "significant concerns" if a victim's right to lifetime anonymity was violated.
"Survivors have a right to safety and security, and if perpetrators were to have access to women's addresses and contact details this would be a considerable safety risk and could put women at threat of further violence," a spokeswoman said.
"We know that women should have control and ownership over to who they share their story, and a data leak would remove this choice.
"In addition, the process of reporting a sexual violence offence to the police can be triggering and reporting rates in Suffolk are still low, so survivors need to feel that Suffolk Constabulary are safe and trustworthy."
If you are affected by issues raised, call Suffolk Rape Crisis on 0800 0850 520 or find support through the BBC Action Line .
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