Accused of a Sexual Offence in Spain: Steps and Defence

What to do if you are accused of a sexual offense: immediate action guide

If you have been reported or are under investigation for a sexual offense, the most important point is clear: contact a criminal defense lawyer as soon as possible and do not make any statement to anyone (police, Guardia Civil, or the court) without your lawyer present. Article 118 of the Spanish Criminal Procedure Act (LECrim) guarantees your right to legal assistance from the very moment a punishable act is attributed to you, as well as your right to remain silent and not to incriminate yourself. What you do in the first hours shapes much of your defense. Stay calm, do not improvise, and do not try to resolve the matter on your own.

It helps to understand the legal framework without alarm. Since Organic Law 10/2022, every offense against sexual freedom is now classified as sexual assault. The basic form under Article 178.1 of the Criminal Code carries a prison sentence of one to four years; where violence or intimidation is present, or the aggravating circumstances in Article 178.2 and 178.3 apply, the penalty is imposed in its upper half or may be raised by one degree. A complaint does not mean there is an offense or a conviction: the presumption of innocence applies (Article 24.2 of the Constitution), and the burden of proving the facts lies with the prosecution.

Checklist: what to do and what NOT to do

What you SHOULD do:

• Immediately contact a trusted criminal defense lawyer before making any statement.
• Exercise your right to remain silent until you have spoken with your defense (Article 118 LECrim).
• Preserve any relevant context: messages, emails, call logs, locations, witnesses, receipts, or any data that places the events. Do not alter it, simply keep it.
• Write down, for your lawyer, a detailed chronological account of what happened as soon as possible.
• Identify possible witnesses and their contact details, without approaching them yourself.
• Attend every court and police summons punctually, always with legal assistance.
• Inform your lawyer of any precautionary measure (restraining order, no-contact order) and comply with it strictly.

What you must NEVER do:

• Do not make a statement without a lawyer, and do not sign anything you do not understand or have not reviewed with your defense.
• Do not contact the complainant by any means, neither directly nor through third parties, family, or friends. Doing so may be seen as pressuring the alleged victim or breaching a precautionary measure.
• Do not delete, destroy, or manipulate messages, photographs, chats, or devices. Destroying evidence harms your credibility and may carry criminal consequences.
• Do not fabricate evidence, alibis, or witnesses: it is counterproductive and may itself be a crime.
• Do not discuss the case on social media, messaging groups, or with acquaintances.
• Do not try to negotiate, pay, or pressure the complainant to withdraw the complaint.
• Do not confront or respond with threats: any message can worsen your situation.

The Spanish procedural path: from the start to trial

Understanding the stages of the procedure helps reduce uncertainty. A Spanish criminal case for a sexual offense usually follows this outline:

1. Complaint or police report. The procedure begins with the complaint of the person who considers themselves harmed, a police report, or, where applicable, a formal accusation (querella). An investigation is then opened.
2. Investigation proceedings. The investigating court directs the inquiry: statements, forensic reports, expert evidence, device analysis, witness testimony. This is the phase where evidence is gathered and where your lawyer can propose evidence in your favor.
3. Statement as the person under investigation. You are summoned to give a statement assisted by a lawyer. It is a key moment: you have the right not to declare, not to answer certain parties, or to make a statement. The strategy is decided with your defense according to the state of the case.
4. Precautionary measures. During the investigation the judge may order measures such as a restraining order, a no-contact order, or, in serious cases, pre-trial detention. Your lawyer can oppose them and request their review.
5. Dismissal or opening of the oral trial. Once the investigation concludes, the judge decides. If there is insufficient evidence, the case may be dismissed (definitively or provisionally) and shelved. If sufficient indications exist, the accusation is formulated and the oral trial is opened.
6. Oral trial and judgment. Before the competent court, the evidence is examined under cross-examination, the parties and witnesses are questioned, and expert reports are assessed. The presumption of innocence applies: if the prosecution evidence is insufficient, acquittal follows. The judgment can be appealed (appeal and, where applicable, cassation).

At each of these stages there are possible defense lines: challenging the validity of the evidence, providing exculpatory evidence, analyzing the coherence and persistence of the account, assessing expert reports, and ensuring respect for all procedural guarantees. Defense does not mean attacking the complainant, but ensuring that a conviction is only reached on sufficient, valid evidence obtained with full guarantees.

Given the severity of the penalties and the personal, professional, and reputational consequences, no accusation of this nature should be faced alone. Early legal assistance and prudent conduct are the two best tools of protection.