info@societejuridique.com
Madrid: Paseo de la Castellana 216 8 ª Planta
Alicante: Av. Ansaldo Nº31, local 16
24h emergencies: 669 30 21 13
Article 184 Spanish Criminal Code: sexual harassment
Quick answerArticle 184 of the Spanish Criminal Code punishes with six to twelve months of imprisonment or a fine of ten to fifteen months, plus disqualification of twelve to fifteen months, anyone who requests sexual favours within a continuing employment, educational or service relationship and thereby creates for the victim an objectively and seriously intimidating, hostile or humiliating situation. The penalty rises to one to two years where a position of superiority is exploited.
The offence punishes not the request itself but the situation it creates: one that is objectively and seriously intimidating, hostile or humiliating. That objective quality is where the evidential debate concentrates, together with the scope of the relationship in which the conduct must occur.
Also cited as: article 184 Spanish Criminal Code · art. 184 CP · Spanish Penal Code article 184 · artículo 184 del Código Penal.
Wording of the provision
1. Anyone who requests sexual favours, for themselves or for a third party, within a continuing or habitual employment, educational, service or comparable relationship, and by that conduct creates for the victim an objectively and seriously intimidating, hostile or humiliating situation, shall be punished, as the author of sexual harassment, with imprisonment of six to twelve months or a fine of ten to fifteen months and special disqualification from the profession, trade or activity for twelve to fifteen months.
2. Where the offender has committed the act by exploiting a position of employment, educational or hierarchical superiority, or over a person in their care or custody, or by expressly or impliedly announcing harm to the victim connected with the legitimate expectations they may have within that relationship, the penalty shall be imprisonment of one to two years and special disqualification from the profession, trade or activity for eighteen to twenty-four months.
3. Likewise, where the offender has committed the act in centres for the protection or reform of minors, in immigration detention centres, or in any other centre of detention, custody or shelter, including temporary stay, the penalty shall be imprisonment of one to two years and special disqualification from the profession, trade or activity for eighteen to twenty-four months, without prejudice to Article 443(2).
4. Where the victim is in a situation of particular vulnerability by reason of age, illness or disability, the penalty shall be imposed in its upper half.
5. Where, under Article 31 bis, a legal person is liable for this offence, it shall be fined from six months to two years. Applying the rules in Article 66 bis, the courts may also impose the penalties in points (b) to (g) of Article 33(7).
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. Six to twelve months of imprisonment or a fine of ten to fifteen months, with disqualification of twelve to fifteen months, for the basic offence. One to two years of imprisonment and disqualification of eighteen to twenty-four months where superiority is exploited or the act takes place in a custodial centre. Upper half where the victim is particularly vulnerable.
Key facts
| Protected interest | Sexual freedom and, instrumentally, the integrity of the working, educational or care environment. |
|---|---|
| Relationship required | A continuing or habitual employment, educational, service or comparable relationship. Outside that framework the conduct may fall under other offences but not this one. |
| Required result | An objectively and seriously intimidating, hostile or humiliating situation. The victim’s subjective perception alone is not enough. |
| Aggravated forms | Exploiting employment, educational or hierarchical superiority; commission in centres for the protection or reform of minors, immigration detention centres, or centres of detention, custody or shelter. |
| Particular vulnerability | The penalty is imposed in its upper half where the victim is particularly vulnerable by reason of age, illness or disability. |
| Legal persons | A fine of six months to two years, with the possibility of the penalties in points (b) to (g) of Article 33(7). |
| Limitation period | Five years, under Article 131 of the Criminal Code. |
Elements and scope
- A request for sexual favours, for oneself or for a third party.
- That the request occurs within a continuing or habitual employment, educational, service or comparable relationship.
- That the conduct creates for the victim an objectively and seriously intimidating, hostile or humiliating situation.
- Intent, which includes awareness that the request is unwanted.
Points of application
The objective quality of the situation is the filter. The law requires the situation to be objectively and seriously intimidating, hostile or humiliating. The assessment is not made from the victim’s particular sensitivity but against an objective standard, in the circumstances of the case.
The relationship must be continuing or habitual. The provision requires a stable link. An isolated encounter between people with no prior working or educational relationship does not meet the threshold, without prejudice to other classifications.
Exploitation of superiority is not presumed. The aggravation in paragraph 2 requires proof of actual use of the superior position, or of an express or implied announcement of harm connected with the victim’s legitimate expectations.
Defence strategy
Challenging the objective quality of the situation. This is the main line. The specific content of the communications, their repetition, the context and the victim’s reaction should be examined in order to argue whether the threshold of seriousness was reached.
Defining the relationship. A continuing or habitual employment, educational or service relationship must be established. Its absence takes the case outside this Article.
Documentary evidence of the communications. Complete message threads, rather than selected extracts, are usually decisive. Their full production and expert evidence on authenticity should be sought.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Spanish Criminal Code by article
- Criminal Procedure Act by article
- Practical defence guides
- Contact the firm
This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What penalty does sexual harassment carry?
Six to twelve months of imprisonment or a fine of ten to fifteen months, with disqualification of twelve to fifteen months. Where superiority is exploited or the act takes place in a custodial centre, one to two years and disqualification of eighteen to twenty-four months.
Is an unwanted request enough?
No. The offence requires the request to create an objectively and seriously intimidating, hostile or humiliating situation, assessed against an objective standard and not solely from the victim’s perception.
Where must the harassment occur?
Within a continuing or habitual employment, educational, service or comparable relationship. Outside that framework other offences may apply, but not this one.
When is the penalty increased?
Where the offender exploits employment, educational or hierarchical superiority, or a position of care, or announces harm connected with the victim’s legitimate expectations, and where the act occurs in centres of custody or shelter.
Can the company be liable?
Yes. Under Article 31 bis a legal person may be liable for this offence, with a fine of six months to two years and the possibility of other penalties under Article 33(7).
When does it become time-barred?
After five years, under Article 131 of the Criminal Code.
Paseo De La Castellana 216 8º 28046 Madrid
Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
London: 20 Wenlock Road, N1 7GU, United Kingdom
Paris: 72 Faubourg St Honoré, 75008, France
info@societejuridique.com
SERVICES
LINKS
Société de Conseil Juridique et Expert is a law firm with offices in Madrid, Alicante, London and Paris, specialising in criminal law, technology law and economic and corporate crime. We provide strategic guidance in complex criminal proceedings, intellectual property and technological resources for legal decision-making with advanced forensic analysis. Our multidisciplinary team combines legal experience, legal intelligence and personal attention to deliver effective solutions adapted to each case. Legal assistance available 24 hours a day and online consultations.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.
Where we act: Alicante·Madrid·Elche·Torrevieja·Orihuela·Benidorm·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·All locations
Defence by offence: Drink driving·Robbery and theft·Assault·Sexual offences·Threats·Squatting·Homicide·Criminal records