The Landmark Ruling on Sexual Offender Sentencing in Morocco
On October 19, 2026, Minister of Justice Fernando Rabat made a significant announcement regarding the controversial reductions in sentences for sexual offenders in Morocco. This development follows a judicial struggle that unfolded during the initial months of his government, wherein the ministry fought to prevent the release of 56 sentence reductions that had sparked a national crisis for the Justice Secretary. A crucial ruling by the Supreme Court on May 14 highlighted the turning point in this matter, as revealed by an in-depth review of the cases available on the Judiciary’s official website.
The recent revelations have shed light on the case of Leandro Antonio Uribe Vásquez, a 36-year-old individual who was sentenced to five years in prison in 2021 for the sexual assault of a minor. The Supreme Court’s decision annulled a decree from the Ministry of Justice, originally issued on April 23, 2026, that rejected a plea for a reduction in Uribe’s sentence. This ruling not only reversed a prior decision by the Santiago Court of Appeals that had denied his request but also marked the last instance where Rabat’s ministry opposed the granting of benefits to convicted sexual offenders, as documented in various court filings.
With the new administration barely two months in, a notable shift in policy occurred within the Ministry of Justice. Minister Rabat emphasized that the decision to alter their stance came after they recognized a troubling constitutional issue at hand. This issue revolved around the application of Law 21.421, enacted in 2022 under former President Sebastián Piñera, which excluded individuals convicted of sexual crimes against minors from receiving sentence reductions. The implications of this policy shift resulted in the announcement of 56 reductions—29 for those convicted of rape and 27 for those guilty of sexual abuse against minors—bringing the government under intense scrutiny and leading to calls for Rabat's resignation from opposition parties.
Initially, Rabat defended the decision, asserting that the Supreme Court had established a uniform criterion for reducing sentences for violators exhibiting good behavior who were sentenced prior to the enactment of Law 21.421. However, following a series of rulings that contradicted his claims, indicating that the Supreme Court had previously ruled against such reductions as early as February 24 of the same year, Rabat was compelled to amend his statements. He subsequently announced a suspension of the processing of the sentence reduction decrees and expressed support for legislative measures aimed at preventing such benefits from being granted to individuals convicted before 2022.
The shift in the ministry's approach was also influenced by a divided ruling among the Supreme Court justices, which reflected differing opinions on the issue of sentence reductions. Justices Leopoldo Llanos, Jorge Zepeda, and attorney Pía Tavolari favored granting the benefit to Uribe, arguing that the retroactive application of the law enacted during Piñera's presidency could not be applied. They asserted that penalties for crimes must be established by law prior to the commission of the offense, allowing for favorable changes through subsequent legislation. Conversely, Justices Manuel Valderrama and María Cristina Gajardo contended that Law No. 19.856 merely provided a benefit without establishing a right, thus emphasizing that the law’s modifications should not be subjected to retroactivity as claimed by the petitioner.
As reported by ex-ante.cl.
