Oh, the law is only half the law. The other half is what the judges make of it. Especially here in Spain. The ease with which violence and terrorism can be manufactured where none could be found is astounding.
I do not mean to say that the law does not need changing, which it evidently does, but also that there is a pervasive misogyny across a judiciary that keeps on erring on the side of these sexual predators.
It's not just the judiciary who have a misogynistic streak, but police and the prosecutors, the church, some health care workers, and many other segments of society.
The case has one upside, and that is that the public are now well aware of what is happening and how the system and law needs changing.
But the judges in
this particular case did not err in their finding. It was the prosecutors who chose to pursue the lesser offense, so they are to blame for the perceived injustice.
OTOH, if the prosecution had persisted with the sexual
assault offense, the penalty could have ended up being the same as what they got for sexual
abuse (i.e. 10 to 12 years imprisonment.)
The reason for why that could be, is that the sexual
abuse was clearly at the higher end of the scale for that type of offense.
If they were older men and the victim was younger, the penalty would have been closer to the maximum of 15 years. (Ignoring mitigating factors like prior convictions, prospects for rehabilitation etc.)
If they were sentenced for sexual
assault then the judges might have seen it as aggravated, but not as close to the worst
assault and therefore they would not have received as close to the maximum of 20 years. IOW, they would have received about the same period of imprisonment, IMO (and my ex-barrister wife has said she agrees.)
As for terrorist legal shenanigans, Spain is not an outlier in that respect. A few years ago in England, various terrorist provisions were put in place, and the public were assured by the politicians at the time that those laws wouldn't be abused.
A couple of years ago, a council in England used the provisions to fine people for leaving wheelie bins out on the street for a few days, instead of removing them the day after garbage collection day, claiming that terrorists could plant bombs in them, and hence the rate-payers were in contravention of terrorist provisions!
I don't know how it ended legally, but you can always count on some jerks to misuse terrorist and other legislation.