Specialist Sexual Offense Attorneys

Sexual offences, regulated in Arts. 178 to 194 of the Spanish Criminal Code, protect a legal interest of the highest order: sexual freedom and indemnity. Organic Law 10/2022, popularly known as the "Only Yes is Yes" law, and its subsequent adjustment by Organic Law 4/2023, unified sexual abuse and assault into a single criminal category based on the absence of free, clear and unequivocal consent. Settled Supreme Court case-law requires every sexual interaction to be supported by an affirmative manifestation of will; silence, passivity or lack of resistance can no longer be interpreted as acceptance. As criminal defence lawyers specialising in sexual offences, we shield the presumption of innocence from the first minute of the charge.

The typical modalities cover a broad spectrum. Sexual assault under Art. 178 CP is the basic offence and includes any act against sexual freedom without consent. Sexual assault with penetration (Art. 179), historically known as rape, requires carnal access (vaginal, anal or oral) or insertion of body parts or objects. Sexual harassment (Art. 184) punishes the request for sexual favours in employment, teaching or service-provision contexts. Child pornography (Art. 189) covers production, distribution, possession and intentional access. Sextortion and revenge porn (Art. 197.7) punish the non-consensual sharing of intimate images. Alongside these, emerging modalities such as stealthing, grooming of minors and the street harassment introduced by the 2022 reform are increasingly prosecuted.

Penalties are severe and graduated according to modality and aggravating factors. Basic sexual assault carries 1 to 4 years' prison; with penetration the range rises to 4-12 years. Aggravated types (Art. 180) involving weapons, group action, degrading treatment, especially vulnerable victims or abuse of superiority may reach 15 years. Assaults on minors under 16 (Art. 181) have their own enhanced regime. On top of imprisonment, severe collateral consequences apply: registration in the Central Sex Offenders Register, lifetime ban on working in contact with minors, post-release supervised liberty (5-10 years), restraining orders and substantial civil compensation for moral damages.

The technical defence rests on four pillars. First, forensic psychological assessment of testimony credibility using SVA-CBCA methodologies, Steller-Köhnken criteria and detection of spurious motives (revenge, custody disputes, jealousy, indemnity interests) that may contaminate the statement. Second, digital and forensic evidence: notarisation of WhatsApp and Instagram conversations, geolocation, security cameras, metadata and computer expertise reconstructing the context before, during and after the events. Third, toxicological and medico-forensic analysis in chemical submission cases, where the analytical timeline and biological markers are decisive. Fourth, mistake of fact or law (Art. 14): the rational belief, based on the other party's unequivocal conduct, that mutual consent existed can exclude intent.

In current forensic practice we see a sustained increase in sexual-offence complaints, particularly in festive contexts, voluntary intoxication, encounters mediated by dating apps and digital conduct (sextortion, pornographic deepfakes, grooming). Organic Law 1/2025 on Justice Service Efficiency and recent Supreme Court case-law have consolidated criteria on circumstantial evidence, single-witness testimony assessment, pre-constituted interviews of minors and defence rights at the investigation stage. At Alonso Sala, our sexual-offence defence specialists intervene from the first police contact: we plan the statement, articulate the party's psychological expert report, challenge defective identification line-ups and build a coherent exculpatory narrative. We treat every file with the discretion the matter demands and the technical rigour required by an offence carrying severe imprisonment and permanent collateral consequences for the personal, professional and reputational life of the accused.