False Sexual Accusations Lawyer · Defense of the Accused
Specialist criminal defense against false or unfounded accusations of offences against sexual freedom.
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False Accusations of Sexual Offences
False accusations of sexual offences are a phenomenon that, although a minority, has devastating consequences for the person wrongly accused. At Alonso Sala we take on the technical defense against such accusations from the investigation stage, deploying the procedural and expert tools the legal system provides.
Defense Strategies against False Accusations
Our defense is built around several lines: (1) psychological expert evidence on the credibility of the testimony (SVA-CBCA protocol); (2) analysis of contradictions across successive statements; (3) digital evidence (messages, GPS, cameras that disprove the account); (4) the spurious motive behind the complaint (revenge, custody dispute, financial conflict); and (5) a counter-complaint for false reporting (Art. 456 CP) or simulation of an offence (Art. 457 CP).
The SVA-CBCA Protocol
Statement Validity Analysis (SVA) is the expert tool most widely accepted by the courts for assessing the credibility of testimony. It includes Criteria-Based Content Analysis (CBCA), which examines a set of credibility criteria in the alleged victim's statement. An unfavourable expert report can be decisive for acquittal. The Supreme Court accepts the complainant's statement as sufficient evidence only where it meets three requirements — absence of subjective implausibility, plausibility and persistence — and an acquittal must follow where these are not met.
Counter-Complaint and Compensation
Where falsity is proven, a complaint may be brought for false reporting (Art. 456 CP), punishable with 6 months to 2 years' imprisonment plus a fine where the offence imputed is serious, or for simulation of an offence (Art. 457 CP). Acquittal of the accused does not by itself amount to a false report: false reporting requires positive proof that the facts were deliberately fabricated, not merely that they were not proved. An acquitted defendant who proves the falsity may claim compensation for material and moral harm.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| False Reporting | Art. 456 CP: 6 months to 2 years' imprisonment plus a fine for the person making a false report imputing a serious offence. |
| Simulation | Art. 457 CP: fine of 3 to 6 months for simulating an offence. |
| Compensation | An acquitted defendant may claim material and moral damages. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
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:
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.