Comprehensive Sexual Violence Victim Support
Comprehensive protocol for sexual violence victims: legal, forensic medical, psychological assistance and coordinated private prosecution. Reinforced confidentiality.
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First 72-Hour Protocol
First 72 hours after sexual aggression are critical both from probative viewpoint (biological evidence) and emotional (retraumatization risk from institutional mismanagement). Our protocol activates: immediate hospital accompaniment with lawyer presence; biological evidence preservation through forensic gynecological kit; coordinated police complaint with legal presence; derivation to specialized psychology from first moment.
Expert Coordination
We coordinate with experts selected by specialty: forensic gynecological doctor for examination and samples; trauma-specialized forensic psychologist for impact evaluation, testimony credibility and moral damage quantification; IT expert when there is digital component (chemical submission, deepfakes, sextortion, cyberbullying).
Legal Framework
LO 10/2022 (only yes is yes) modified sexual liberty criminal regime centering type on consent: there is no consent if not freely expressed through acts externalizing will. Victim's Statute (Law 4/2015) guarantees reinforced procedural rights: avoid visual contact with aggressor, separate trial room, unique audiovisual declaration (Cámara Gesell).
Private Prosecution
Our private prosecution in these cases operates with three lines: technical impulse — proposal of specific diligences; procedural protection — request of Statute measures, especially unique audiovisual declaration; criminal qualification — request of adequate sentence to specific type under LO 10/2022 with applicable aggravations.
Compensation
Civil claim articulates: moral damage (expert quantified and by jurisprudential baremes), medical expenses already incurred and future, psychological and treatment expenses, lucrum cessans, costs. When responsible insolvent, advise on State economic aid (Law 35/1995 on aids to violent crime and sexual liberty victims).
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Sexual aggression (Art. 178 CP) | 1 to 4 years' imprisonment. Aggravated up to 12 years with penetration (179 CP) and up to 15 with aggravations (180 CP). |
| Criminal continuity | Application of Art. 74 CP when reiteration, with sentence aggravation in upper half. |
| Ex delicto civil liability | Moral damage, medical, psychological expenses and lucrum cessans, articulated in same process. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
72h protocol
Immediate hospital, biological evidence, complaint and psychological support activation.
Early appearance
Private prosecution from first moment to impulse investigation.
Unique audiovisual declaration
Cámara Gesell request to avoid repeating narrative throughout procedure.
Integral civil claim
Complete expert quantification with moral damage, expenses and lucrum cessans coverage.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
Why Choose Us?
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.