Criminal defence throughout Spain · offices in Madrid and Alicante · strict confidentiality
Offences against the sexual indemnity of minors are among the gravest accusations in the Criminal Code: severe penalties, long ancillary measures and an enormous personal, family and professional impact from the first moment of the proceedings.
In brief. These are cases in which the evidence is especially technical: the lawfulness of the search of devices, the chain of custody of digital material, the way the minor’s examination is documented and the criteria for assessing the victim’s testimony decide the outcome more often than any generic plea. We defend persons under investigation with maximum technical rigour, and act for victims and families as private prosecutors.
Offences against the sexual indemnity of minors carry heavy penalties, long ancillary consequences and an enormous personal, family and professional impact from the first moment of the proceedings. At the same time, they are cases where the evidence is especially technical: the lawfulness of the search of devices, the chain of custody of the digital material, the manner in which the minor’s examination is documented and the criteria for assessing the victim’s statement decide the result more often than any generic plea.
We undertake the defence of persons under investigation with the utmost technical rigour and absolute confidentiality, and we act for victims and their families as private prosecution, with the protection measures of the Victim’s Statute.
| Offence | Article | Criminal response | Determining factor |
|---|---|---|---|
| Sexual assault on a minor under 16 | 181 | Imprisonment | Age of the victim · Article 180 aggravations |
| Causing or exposing to sexual acts | 182 | Imprisonment | Form of the conduct |
| Online solicitation (grooming) | 183 | Imprisonment or fine | Material acts of approach |
| Prostitution of minors | 188 | Imprisonment and fine | Age · situation of vulnerability |
| Child sexual abuse material | 189 | Imprisonment, differing ranges | Production and dissemination versus possession or access |
| Ancillary consequences | 192 | Disqualification · supervised release | Imposed alongside the principal penalty |
| Limitation | 132 | Computed from the victim’s 35th birthday | Serious offences against minors (LO 8/2021) |
| Legal person | 31 bis | Fine · suspension · dissolution | Absence of an effective compliance programme |
Penalty ranges are indicative and set out the ordinary framework; the sentence actually imposed depends on the degree of completion, aggravating and mitigating circumstances and the specific facts of each case.
Two sources of evidence of very different natures coexist in these cases: the victim’s testimony and the digital evidence. The former is assessed under consolidated case-law criteria (absence of subjective incredibility, plausibility corroborated by objective data and persistence in the incrimination) and psychological expert reports on the validity of the account. The latter depends on judicial authorisation of the search of devices (Articles 588 sexies of the Criminal Procedure Act), the chain of custody and the technical extraction. For that reason we apply LIWARD, Legal Intelligence Warfare for Defense, our own methodology, which integrates legal intelligence, case-law analytics, documentary analysis and e-forensics into a single procedural strategy. That is what distinguishes us from conventional criminal defence.
Technical defence from arrest or first summons: control of the lawfulness of the investigation, interim measures, correct classification of the facts and strict confidentiality.
Private prosecution, driving the investigation forward, protection measures under the Victim’s Statute and full recovery of civil liability arising from the offence.
Schools, sports clubs and leisure entities: child protection protocols, protection officer, Central Registry certification and criminal management of incidents.
Proceedings under Organic Law 5/2000 where the suspect is between 14 and 17: educational measures, intervention of the Juvenile Prosecutor and specialised defence.
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Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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