Third-Party Leasing for Prostitution Lawyer (Art. 187 CP)
Criminal defense of the owner or landlord accused of providing premises for prostitution or sexual exploitation.
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Third-Party Leasing: The Concept
Third-party leasing is the classic term for the conduct of providing premises so that another person's prostitution may be exercised there. The question of how far a landlord may be criminally liable when the property is used for that activity has generated abundant case law, particularly as to the dividing line between a neutral lease and punishable cooperation in the sexual exploitation defined in Article 187 of the Spanish Criminal Code.
Article 187.1 CP, as amended by LO 10/2022, punishes anyone who profits from the exploitation of another person's prostitution, even with that person's consent, where certain circumstances concur (violence, intimidation, deception, abuse of superiority or vulnerability, or the victim being a minor or a disabled person in need of special protection). The penalties are 2 to 5 years' imprisonment and a fine of 12 to 24 months, with aggravation where minors or the other circumstances of Article 187.2 CP are involved. Third-party leasing may fall within this offence where the landlord adopts an exploitative position.
The Case-Law Dividing Line
The Supreme Court has consolidated the view that not every transfer of premises to persons who engage in prostitution automatically falls within the offence. A lease at market price — with no exploitative surcharge, no control over the activity and no complementary services indicative of exploitation — is atypical. What marks out punishable conduct is the position of exploitative advantage: charging disproportionate sums, control over the person, the imposition of conditions, or involvement in organising the activity.
The Position of the Good-Faith Landlord
The landlord may be in different evidential situations. (1) Total ignorance of the activity carried on at the property: mere ownership generates no liability. (2) Knowledge without additional profit: collecting a market-rate rent while aware of the use does not automatically fall within the offence, absent other circumstances. (3) Additional profit or surcharge derived from the use: a relevant indicator of exploitation. (4) Active control over the activity, conditions or persons: this falls within the offence of pimping. The defense must place the landlord in the most favourable position by establishing good faith.
Commission by Omission & Position of Guarantor
A particularly relevant technical question is the possible commission by omission (Art. 11 CP) of a landlord who, knowing of the exploitation of the persons at the property, keeps the tenancy in place in order to continue collecting rent. The doctrine has debated whether the landlord is a guarantor of the legal interests harmed; the answer depends on the degree of knowledge, the capacity to act and the foreseeability of the result. The defense must analyse this question case by case.
Defense Strategy
- Lease agreement at market price with standard clauses.
- Demonstrable lack of knowledge of the activity.
- Absence of effective control by the landlord.
- Opposition to confiscation on the terms of Article 127 quater CP, and dispute over the classification between necessary cooperation and complicity.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Pimping | Art. 187 CP: 2-5 years' imprisonment where profit from another's prostitution is established. |
| Confiscation | Possible confiscation of the property as an instrument of the offence (Art. 127 CP). |
| Civil liability | Compensation to the victims of the exploitation. |
* 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.
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