Nobody wants to break.
This can be seen in the conversations with the two sectors of the coalition.
But the deadline is approaching and the agreement on the reform of the
law of the only yes is yes does not arrive.
The ministries of Justice and Equality continue to constantly cross papers, but cannot find a point of technical agreement to see how the penalties are increased.
Justice insists that the only way is to include violence to justify the higher sentences, Equality rejects the concept because it believes that
de facto
it would generate two types as there were before, abuse and aggression, unified in this law.
The negotiation, which has been discreetly taking place for more than two months and has given way to an intense week publicly, has not yet advanced, although it has not stopped either.
In view of the fact that there is a will to negotiate, the PSOE now seems willing to extend the deadline that it imposed on itself and its coalition partner: Pedro Sánchez had given the instruction on Monday that the bill with the reform had to be registered in Congress this week.
The limit was, then, this Friday, when the registration in the Lower House closes.
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The PSOE and Podemos negotiate to avoid a break due to changes in the 'law of only yes is yes'
The PSOE wants to register it this Friday.
And he has not yet completely ruled out the possibility of doing it alone if the negotiation is blocked, which would imply a serious break in the coalition.
But the talks continue, and the Socialists are also considering the possibility of stretching the margin a bit to avoid this fracture.
It would be until Monday at the latest.
On Monday or Tuesday morning, it would have to be registered so that the meeting of spokespersons for that day could urgently put it in the plenary session on the 14th. On Tuesday the 7th it is already unfeasible, because the agenda is closed and only it could be reopened to include the unanimous initiative of the Board of Spokesmen, something always difficult to achieve.
In any case, the Socialists want to go very quickly and resolve this issue as soon as possible, because it is generating great social concern and significant wear and tear on the Government.
If they can't close the deal before Congressional registration closes this Friday, they could therefore give themselves a window of time over the weekend to finish off.
But not anymore.
And only in the event that they verify that Podemos' willingness to negotiate is real.
Meanwhile, Equality insists that they want an agreement and they are not going to break.
The two partners of the Executive rushed the negotiations to reform the Law of Comprehensive Guarantee of Sexual Freedom, better known as the
law of only yes is yes, until night.
after more than a week of exchanging proposals, back and forth drafts and an increasingly rarefied atmosphere.
Since the regulation came into force in October, there have been more than 300 downward revisions of sentences and twenty releases that no longer have a solution, but the Socialists are promoting a reform, which they are trying to agree with their partners, to prevent there are low sentences in the future with the new law.
The PSOE negotiators emphasize that Podemos, despite his harsh words in public, is negotiating in private and above all has accepted the most difficult thing, the increase in penalties, although he rejects the formula chosen by Justice to do so, which the entire sector defends. socialist as the only possible one.
The Minister of Equality, Irene Montero, on Tuesday in the Senate.
Carlos Lujan (Europa Press)
Sánchez had transmitted at the
matins
meeting on Monday with his hard core that action had to be taken after three months of social alarm due to the trickle of cases of sexual offenders benefiting from the "undesired effects" of the law and that, therefore, it was urgent send the political message that the regulations will be modified.
The PSOE continues to contemplate the option of presenting the proposal alone this Friday if it concludes that the agreement with Podemos is not possible, but the rigidity of the calendar that they initially managed in La Moncloa has relaxed somewhat due to deadlines for parliamentary processing.
The Socialists insist, in the face of resistance from Podemos, that the options are very few.
The Ministry of Justice sees no point in touching on the aggravating circumstances already established in article 180 of the Penal Code and advocates finding a wording to modify the points of article 178.2 or include a new 178.3 to associate the highest sentences —from one to five compared to a general type of one to four that already exists— to violence or intimidation so that the judges see clearly with new arguments how to apply the new, more serious sentence, and thus prevent them from going to the lowest range of sentences.
That is, Justice proposes to introduce violence, intimidation or annulment of the will as justification for a greater arc of penalties.
The result would be that in the case of the general type, which is from one to four years, it would be passed,
with violence, from one to five.
And in the case of penetration, with a general penalty of 4 to 12 years, the fork would be, with violence, from 6 to 12 years, similar to what existed before.
But Equality believes that its application would go against the philosophy of
the law of only yes is yes,
which unified the two types that existed before and thereby broadened the range of sentences, precisely the problem that has led to these more than 300 reductions in sentences.
Igualdad also believes that with these two types the trials would once again focus on the demonstration of violence to increase the sentences, as happened before to go from abuse to aggression —this was the case in the trial of La Manada, later corrected by the Supreme Court— and therefore rejects the concept.
The alternative of the ministry that Irene Montero directs to increase the penalties is that violence be put as an aggravating factor, and not in the basic type.
But, according to Justice, that would not fix the problem and lower sentences would continue to be handed down than before the norm, and that is why the ministry led by Pilar Llop wants to put it in the basic type.
With the negotiations open, Podemos stirred up the PSOE with the announcement of an act on Sunday that will be called
Did you consent or not?
Only yes is yes.
In addition to the Minister of Equality, Ione Belarra, General Secretary of Podemos and Minister of Social Rights, and Victoria Rosell, Government Delegate against Gender Violence will participate.
“The PSOE finds it difficult to resist the pressure that the PP has deployed, helped by its media and judicial arms to attack the heart of the law, which is consent.
We ask you to hold on, to resist, because this is a good law and it is the job of the entire government to protect this law," Belarra urged the Socialists for the second day in a row.
The successor of Pablo Iglesias at the head of Podemos was confident that the "unilateral decision [that the PSOE present the bill on its own] will not take place" and reiterated that the law "has a problem of application by a minority of judges”.
María Jesús Montero, Minister of Finance and Deputy Secretary General of the PSOE, avoided putting "qualifiers" on statements that do not seem "lucky" to her, but stressed that her party's legs have "never" trembled, as the leader of Podemos stated. the day before and reiterated again.
number
two
of the PSOE remarked that "if the technical issues do not come to fruition in the will of both parties, it is evident that the law will definitely have to be reformed", opening the door to an exclusive legislative action of the PSOE if the talks with Podemos are unsuccessful.
But in Ferraz and La Moncloa they are optimistic and hope that there will be an agreement: socialist sources affirm that the minority partner of the Government has gone in two weeks from refusing to touch the law and not assuming that the penalties would have to be increased to accepting these two solutions.
The question is how to do it.
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