Criminal Lawyers for Sexual Assault on Minors
Specialized, confidential defense in sexual offenses involving minors under 16.
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Sexual offenses against minors are among the most severely punished crimes in the Spanish Criminal Code. Since the 2015 reform, the age of sexual consent in Spain is 16 years. Any sexual act with a person under 16 is automatically criminal, regardless of apparent consent. These cases carry extremely high penalties and devastating collateral consequences.
Legal Framework
Articles 181-183 bis of the Criminal Code establish a graduated penalty system: sexual acts without penetration with a minor under 16 carry 2 to 6 years imprisonment; sexual assault with penetration (rape of a minor) carries 8 to 12 years; and sexual abuse of a minor between 16 and 18 in a position of trust (teacher, coach, relative) carries 1 to 3 years. Online grooming (contacting minors through technology for sexual purposes) carries 1 to 3 years.
Defense Strategies
Our defense, conducted with absolute confidentiality, focuses on: investigating the actual age knowledge of the accused (error of type regarding the minor's age, especially in online interactions); analyzing digital evidence (chat logs, social media profiles where the minor may have misrepresented their age); requesting expert psychological evaluation of testimony credibility (minors' testimony requires specialized assessment); and challenging the forensic evidence (medical examinations, DNA, digital forensics) through counter-expertise.
Sexual Offenses and Gender Violence in Spain: Legal Defense Guide
Sexual offenses in Spain are governed by Art. 178-194 of the Criminal Code, significantly reformed by Organic Law 10/2022 (the "Only Yes Means Yes" law) and its subsequent correction by LO 4/2023. Gender violence offenses — one of Spain's most prosecuted areas — are found in Art. 153-173 CP, with special aggravated penalties when the victim is an intimate partner.
Penalty Table: Sexual Offenses (Post-2023 Reform)
| Offense | Article | Penalty |
|---|---|---|
| Sexual assault (basic) | Art. 178 | 1 – 4 years |
| Sexual assault with penetration | Art. 179 | 4 – 12 years |
| Aggravated sexual assault | Art. 180 | 7 – 15 years |
| Child sexual abuse (under 16) | Art. 183 | 2 – 15 years |
| Child pornography (holding) | Art. 189.5 | 3 months – 1 year |
| Gender violence (minor assault) | Art. 153.1 | 6 months – 1 year |
| Stalking / Harassment | Art. 172 ter | 3 months – 2 years |
Critical Defense Strategies
Consent Analysis (Only Yes Means Yes)
Post-reform, consent must be explicit and ongoing. Defense focuses on context, prior relationship history, and how withdrawal of consent was expressed.
False Allegations Defense
False accusations are frequent in custody disputes. Challenge credibility with inconsistencies between statements, phone/message evidence, and expert psychological assessment.
Digital Evidence Review
WhatsApp messages, social media interactions, and digital footprint often contradict prosecution narratives. Comprehensive digital forensics analysis is essential.
Challenging the Expertise Reports
Psychological victim assessments used in court are frequently challenged on methodological grounds. Expert counter-reports are a cornerstone of defense.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.