Sexual offence allegations in Spain: law, penalties and defence

The offences

Sexual assault (art. 178)

Any act against another person's sexual freedom without their consent: prison of one to four years. Acts committed with violence, intimidation or abuse of a position of superiority or vulnerability, or on a person who is unconscious or whose will is overridden, for example by drugs, are always sexual assault. With violence or intimidation, or on someone whose will was annulled, the penalty is one to five years. Judges can impose a lower penalty for acts of minor seriousness.

Rape (art. 179)

When the assault involves vaginal, anal or oral penetration, or the introduction of body parts or objects by the first two routes: four to twelve years, and six to twelve years with violence or intimidation or when the victim's will was annulled.

Aggravating circumstances (art. 180)

Higher penalties apply, among other cases, when the assault is committed by two or more people, with particular degradation, on a particularly vulnerable victim, by a partner or ex-partner, or with weapons.

Sexual harassment and other offences

The Criminal Code also punishes sexual harassment, exhibitionism and offences against minors, with specific rules for victims under sixteen.

Evidence in sexual offence cases

• The statement of the complainant, which can be enough if credible, consistent and corroborated.
• Forensic medical examination and toxicology tests.
• Messages, social media and phone records before and after the events.
• CCTV from hotels, bars and streets, and witnesses who saw both people.

How the defence is built

The defence analyses the consistency of the accusation, the timeline, messages and images that show the relationship between the parties, and the reliability of identification. It challenges evidence obtained irregularly and argues against pre-trial detention by showing roots and offering guarantees. See bail and pre-trial detention.

If you are the victim

Seek medical care as soon as possible, ideally before washing or changing clothes, and report the facts. You have the right to free legal aid, an interpreter and protection measures. See victims of crime.

A practical example

A young British man was arrested in Sant Antoni after an allegation by a woman he had met at a club. The prosecutor sought pre-trial detention. We provided messages exchanged after the encounter and hotel CCTV showing the two walking together calmly. The judge released him with reporting obligations, and the case was later dismissed. More information on the firm's main website: sexual assault (in Spanish).