Sexual Offences & Sexual Assault Defence Lawyers

The defence of sexual offences requires deep knowledge of the most recent Supreme Court case law on consent, circumstantial evidence and witness credibility. The entry into force of Organic Law 10/2022 reshaped Arts. 178-194 CP, unifying sexual assault and abuse into a single category. Organic Law 4/2023 introduced specific aggravated subtype adjustments without reversing the underlying philosophy.

Our firm tackles each procedure with a multidisciplinary expert analysis: forensic psychology of testimony, medico-legal injury reports and exhaustive review of digital messaging, geolocation, security footage and prior complaints.

The Map of Sexual Offences under Spanish Law (Arts. 178-194 CP)

Since Organic Law 10/2022, the Spanish Criminal Code no longer distinguishes between "abuse" and "assault": every non-consensual sexual act is now sexual assault. The basic offence (Art. 178 CP) carries one to four years' imprisonment, rising to one to five years where there is violence, intimidation or the victim's will is annulled. When there is carnal access — vaginal, anal or oral — or the insertion of body parts or objects, Art. 179 CP applies, with four to twelve years (six to twelve where violence or intimidation concur). Aggravating circumstances (Art. 180 CP) — group action, use of weapons, particular vulnerability of the victim, chemical submission or abuse of a position of superiority — raise the penalty range substantially. Offences against children under 16 (Art. 181 CP) form a separate, reinforced regime in which the child's consent is legally irrelevant, subject only to the narrow "close-in-age" exception. The Title is completed by online grooming (Art. 183 CP), sexual harassment (Art. 184 CP), exhibitionism and sexual provocation (Arts. 185-186 CP), offences relating to prostitution and exploitation (Arts. 187-188 CP), child pornography (Art. 189 CP) and the common provisions on supervised release and disqualifications (Arts. 192-194 CP).

Sexual Offences or Gender-Based Violence? Two Different Charges

These two areas are constantly confused, and the confusion is expensive because the applicable provision, the defence and the sentencing range are all different. The dividing line is what the conduct was, not who the parties were:

• This page — Articles 178 to 194 CP. Conduct against sexual freedom and indemnity. The whole case turns on consent: whether it was freely given through acts that clearly expressed the person's will, whether it could be given at all, and how that is proved. The relationship between the parties is context, not an element of the offence.
• Gender-based violence — Articles 153, 171.4, 172.2 and 173.2 CP. Physical or psychological abuse, minor threats, minor coercion and habitual abuse where the victim is or was the offender's wife or a woman bound to him by an analogous relationship of affection. Here the relationship is an element of the offence, and the case is shaped by the VioGén risk assessment, the protection order under Article 544 ter LECrim and the right of the complainant not to testify (Article 416 LECrim).

If the case involves a partner or an ex-partner, and the conduct complained of is abuse, threats or coercion rather than a sexual act, the page you need is gender-based violence. The two can also concur in a single file — an alleged sexual assault within a couple is charged under Article 178 or 179 CP, and the abuse or the threats around it under Articles 153 or 171.4 CP — in which case both defences have to be run together from the first statement.

One procedural point that misleads many people: since 3 October 2025, the Violence against Women Sections investigate every offence against sexual freedom where the victim is a woman (Article 14.5 LECrim), whether or not there was any relationship. Being summonsed before that court therefore does not mean you are charged with a gender-based violence offence.

Accused of a Sexual Offence in Spain: What to Do

An accusation of this kind is often the first contact a foreign resident, tourist or expat has with the Spanish criminal system, and the earliest decisions weigh most on the outcome. If you are accused of a sexual offence in Spain, the practical priorities are these:

• Do not make a statement without your own specialist lawyer. Under Art. 520 LECrim you have the right to remain silent, to a lawyer and to a free interpreter. A first account given at the police station, before counsel has seen the file, frequently shapes the entire case.
• Preserve, do not delete, digital evidence. Messages, dating-app exchanges, photographs, geolocation and call logs can establish prior context and consent. Deleting them destroys exculpatory material and may look like concealment; they should instead be secured through a notary or a forensic report.
• Do not contact the complainant. Any approach may be treated as pressure on a witness and can trigger a restraining order or pre-trial detention.
• Do not leave Spain without legal advice. Departing while under investigation can prompt a European Arrest Warrant, enforceable throughout the EU, and is read as flight risk.
• Instruct counsel from abroad if necessary. A lawyer can be appointed through a power of attorney executed before a notary or a Spanish consulate; your physical presence is generally required only for specific acts such as your statement before the investigating judge or the trial.

Beyond the sentence itself, a conviction for a sexual offence carries entry in the Central Sex Offenders Register, a disqualification from work involving regular contact with minors that outlasts the prison term, post-release supervised liberty of up to ten years (Art. 192 CP) and, for non-EU nationals, a real risk of expulsion under Art. 89 CP. This is why the defence is built from the first day around the reality of consent, the reliability of the identification and the correct legal characterisation of the facts — never around judgments about the complainant.