Full text
Text in force since 29 April 2023.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
TÍTULO VIII — Delitos contra la libertad sexual
Text in force since 29 April 2023.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.
In force from 24/05/1996 to 20/05/1999
In force from 21/05/1999 to 22/12/2010
In force from 23/12/2010 to 06/10/2022
Ley Orgánica 10/2022, de 6 de septiembre, de garantía integral de la libertad sexual.
In force from 07/10/2022 to 28/04/2023
Orientative data computed from the highest prison term this article provides for (including the degree rules it imposes itself or the penalties of another article it refers to) and, where there is one, its disqualification, which also counts towards the classification and the limitation period (arts. 33 & 131.1 CP). Aggravated or mitigated subtypes, other non-custodial penalties and concurrence rules may alter the outcome in each specific case.
Highest prison term
5 years
Disqualification: up to 12 years · absolute
Classification (arts. 13 & 33 CP)
Serious offence
Limitation period (art. 131 CP)
15 years
The classification and the period include the absolute disqualification of up to 12 years, which is a serious penalty (arts. 13.4 & 33.2 CP) and counts towards limitation (art. 131.1 CP). Note: the absolute disqualification in art. 180.3 applies only to an authority, agent or public official who abuses that status; otherwise art. 178 is a less serious offence (serious with the circumstances in art. 180.1), and the period is still 15 years for offences committed on or after 25 June 2021 because of the disqualification under Article 192.3 CP, which the Public Prosecutor's Office counts as a principal penalty (Circular 1/2023; Articles 131.1 and 131.2 CP).
Our team regularly defends those accused under sexual assault. Technical strategy aimed at dismissal or acquittal when legally viable.
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