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We review facts, evidence and the temporarily applicable rule with special attention to privacy. The defence and the prosecution require avoiding prejudice and distinguishing the evidence from what can be established in the proceedings.
The consent and circumstances of the act are analysed in accordance with applicable law. Succession of reforms requires checking the dates and, where appropriate, the most favourable rules on criminal law.
Understanding to Decide
Supreme Court · Second Chamber
Supreme Court · Second Room · 2024
The court upheld a conviction for a sexual kiss imposed on a detained person through abuse of the officer’s position. It distinguished the legal classification at the time of the events from the later law.
ECLI:ES:TS:2024:3348
Read moreSupreme Court · Second Room · 2024
The court upheld a bar operator’s conviction for passively witnessing a sexual attack on a semi-conscious customer. It examined the ability to intervene and the failure to prevent the offence.
ECLI:ES:TS:2024:172
Read moreSupreme Court · Second Room · 2024
The Supreme Court restored sexual-offence convictions that had been reclassified as minor coercion on appeal. It considered the nature of the proven touching while leaving another unproved incident outside the convictions.
ECLI:ES:TS:2024:1596
Read moreAnswers to guide you
19 Brief answers with references to official regulations.
The law requires a free manifestation by acts that clearly express the will according to the circumstances. The absence of consent is central to the classification.
No. The guy doesn't demand heroic resistance or injury. Consent, context and proven conduct should be examined.
Yeah. Acts that violate sexual freedom without consent may be a criminal offence even if there is no penetration.
It can be if, because of its content and circumstances, it constitutes a non-consensual sexual act. Not every contact is automatically qualified.
No. Consent must correspond to the act and its circumstances. A prior relationship does not authorize any subsequent contact.
No. The link does not substitute for free consent or exclude the application of crimes against sexual freedom.
The law includes sexual acts against persons who are deprived of meaning or who have a will annulled in the cases provided for. The specific situation must be established.
You can't answer yourself just for drinking. The real impact, will, vulnerability and circumstances of the act should be assessed.
Yes, Spanish Criminal Code regulates own assumptions for children under sixteen years of age and other protective behaviors. Age and circumstances must be accurately checked.
Article 183 bis provides for an exception with requirements of proximity of age and maturity and legal exclusions. It should not be applied without a review of the case.
Article 184 provides for the request for sexual favours in certain areas which causes an objectively intimidating, hostile or humiliating situation, with aggravated modalities.
It may be possible. The limitation period must be assessed according to the offence, the victim’s age and the applicable legislation; not all time limits start in the same way.
Consult this service ↗See FAQ ↗Not as a universal condition. The investigation can use statements, messages, witnesses and other evidence; health care and documentation can be important.
Not on its own. The absence of lesions should be assessed with the type of fact, the time and the set of tests.
It can have a value of office if it is practiced with guarantees and is valued motivated. It does not imply automatic credibility or eliminates evidentiary sufficiency control.
Yes, justified protective measures, including bans on approximation or communication, may be agreed on according to the requirements and the risk assessed.
No. The acquittal for doubt or lack of proof does not itself prove the requirements of a false accusation.
The legislation changed in 2022 and later had other modifications. The historical records must be read according to the law applied to their facts and the rules of favorability.
Consult this service ↗See FAQ ↗Complete messages, witness data, lawful locations and relevant documents. Do not alter files or contact the protected person in breach of measures.
After a possible sexual assault, what comes first? Safety and medical attention. You do not have to resolve every legal question before seeking help.
When possible and safe, keep the available documents and obtain guidance about preserving evidence. Support should fit the person's circumstances and avoid unnecessary exposure. Consent and the surrounding facts require careful assessment.
If you are under investigation, you need to understand the allegation and receive legal assistance. Comply with any measures imposed and do not contact other people where contact is prohibited. The procedure must address victims' rights and defence safeguards, including the presumption of innocence.
At penal.info, we confidentially review prosecution or defence options. A consultation helps organise the next steps. It does not replace emergency assistance or predict the outcome.
Book an appointment with María Morales at penal.info.
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