Sexual Offence Defence Lawyer in Spain

These cases are typically decided on the evidence of the complainant, and Spanish case law permits a conviction on that basis only where the account satisfies the criteria developed by the Supreme Court: absence of subjective bias arising from resentment or another motive, objective corroboration by peripheral evidence, and persistence in the accusation without substantial contradiction over time.

Applying those criteria in practice means detailed work on the file: the successive versions of the account from the initial complaint to the trial, the forensic medical report and what it does and does not support, the presence or absence of biological evidence, the timeline reconstructed from telephone records and location data, messages exchanged before and after the events, CCTV, and the accounts of those who saw both parties that night.

Evidence of consent is frequently in the client own phone, and it is frequently lost because the phone was seized, wiped or reset. Preserving that material immediately, and having it examined forensically rather than presented as screenshots, is often the single most important step.

Offences against sexual freedom are set out in article 178 and following of the Criminal Code, reformed by Organic Law 10/2022 and subsequently by Organic Law 4/2023. The framework is built on the principle of consent: a sexual act carried out without the freely given consent of the other person constitutes a sexual assault, with penalties that increase where violence or intimidation is present and in other circumstances defined by law.

Because the reforms reshaped both the definitions and the sentencing framework, the precise classification of the facts, and the law applicable at the relevant time, are questions that require careful and up-to-date analysis in every case.

The system provides for protective measures for complainants and, in appropriate cases, for special arrangements when evidence is given. These are important safeguards, and they coexist with the defendant’s right to challenge the evidence and to a fair hearing.

We handle these matters with the seriousness and discretion they demand, ensuring that the dignity of everyone involved is respected while the case is examined on its merits.

The Criminal Code covers a spectrum of conduct, from sexual acts without consent to aggravated forms involving violence or intimidation, as well as specific offences concerning minors. The applicable article and the resulting penalty depend closely on the nature of the act, the presence of aggravating circumstances and the age of the persons involved.

Because the 2022 and 2023 reforms reorganised these categories, the precise classification, and the law in force at the time of the facts, must be analysed with care in every case.

Beyond the sentence itself, a conviction in this area can entail entry in the Central Register of Sex Offenders, a prohibition on working in activities involving contact with minors, and, for foreign nationals, consequences for residence that may include expulsion.

We advise on the full scope of these consequences from the outset, because they often matter to the client as much as the sentence and must inform the strategy of the defence.