AS
Bufete de abogados penalistas Alonso Sala
publicPractice Area

Trafficking & Sexual Exploitation

High-complexity defense in macro-cases of trafficking, coercive prostitution, and pimping. Patrimonial protection and freedom.

arrow_backBack to Sexual Offenses Hub

The Business Owner and Pimping

Spanish legislation has drastically toughened persecution against owners of clubs, hotels, apartments, or premises where prostitution takes place. The figure of pimping (tercería locativa) punishes anyone who, for profit and habitually, allocates a property to favor the exploitation of another person's prostitution, even with their consent.

This classification puts many entrepreneurs in the leisure sector and owners of rented homes at risk. The accusation is usually based on the owner "profiting" from sexual activity. Our defense focuses on demonstrating the neutrality of the rental:

Defense Lines in Pimping

  • check_circleAbsence of Exploitation: Prove that no labor conditions (schedules, prices, type of service) are imposed on the people working. They are free tenants, not employees.
  • check_circleMarket Price: Demonstrate that the rent charged (or the price of drinks/sheets) is not abusive or disproportionate to the market, eliminating the "extraordinary profit" component derived from prostitution.
  • check_circleEconomic Independence: Prove that there is no participation in the profits of sexual activity (percentages). The owner charges for the space, not for sex.

Human Trafficking Macro-Cases

Trafficking (Art. 177 bis CP) is a crime against human dignity, not just sexual freedom. These police operations are usually massive, with dozens of detainees, wiretaps, and protected witnesses. The defense is extremely complex and requires experience in managing macro-trials.

Individualization of Conduct

In a trafficking network, the police tend to put everyone in the same bag ("Criminal Organization"). We defend drivers, receptionists, or administrative staff unjustly accused of being gang members. We seek to prove that their role was merely labor-related and they were unaware of the coercion of victims.

The Protected Witness

The main prosecution evidence is usually the victims' statement, who receive residence permits and aid in exchange for collaborating. Our job is to question their credibility by looking for contradictions, spurious motives (paper regularization), and lack of objective peripheral corroboration.

Intersection with Immigration Law

Most trafficking victims are in an irregular situation. Art. 59 bis of the Immigration Law offers victims a "recovery and reflection period" of at least 90 days if they collaborate with justice, suspending their expulsion file and potentially obtaining residence and work permits due to exceptional circumstances.

This creates a perverse incentive. Our defense strategy investigates if the complaint is instrumental: has a trafficking situation been falsely reported to avoid imminent expulsion or get papers quickly? We analyze immigration administrative files in parallel to the criminal process.

Organized Crime and Money Laundering

Trafficking rarely comes alone. It is usually accompanied by crimes of Criminal Organization (Art. 570 bis) and Money Laundering (Art. 301). This allows police massive wiretaps and simultaneous searches.

Defense must be comprehensive: it is not enough to dismantle sexual exploitation; economic flows must be justified. We work with economic experts to perform forensic audits proving that income comes from licit activities (e.g., drink sales, tickets) and not from coercive prostitution.

Patrimonial Aspects: Forfeiture

Trafficking convictions carry <strong>extended confiscation</strong> of assets. The Prosecution will try to seize all the accused's assets, claiming they come from illicit activity. Our patrimonial defense works to prove the lawful origin of properties, vehicles, and bank accounts, separating them from the investigated activity to avoid their definitive loss.

public

Why Alonso & Sala for Trafficking/Prostitution?

High-complexity macro-case defense: individualize conduct + question protected witness + patrimonial extended confiscation defense.

  • policyIndividualize criminal organization conduct: police tend put everyone same bag 'Criminal Organization'. Defend drivers + receptionists + administrative unjustly accused gang members. Prove role merely labor unaware victims' coercion. Downgrade participation complicity neutral tasks (serve drinks, clean).
  • policyQuestion protected witness credibility: prosecution evidence victims' statement receive residence permits + aid collaborate. Seek contradictions + spurious motives paper regularization Art. 59 bis Immigration perverse incentive + lack objective peripheral corroboration. Instrumental complaint avoid expulsion.
  • policyPimping rental neutrality entrepreneurs: derived great leisure risk + property owners. Demonstrate neutrality: absence exploitation (NO impose labor conditions schedules/prices) + market price NOT abusive + economic independence (NO participation sexual activity profits charge space NOT sex).
  • policyComprehensive extended confiscation patrimonial defense: NOT enough dismantle sexual exploitation justify economic flows. Economic experts forensic audits demonstrate income comes licit activities (drink sales, tickets) NOT coercive prostitution. Prove lawful origin properties + vehicles + accounts separate definitive loss.
quiz

Trafficking & Prostitution FAQs

Is renting a room to a sex worker a crime?expand_more
It can be 'Pimping' (Art. 187.2 CP) if done for profit and habitually, or if abusive conditions are imposed. If it is a standard rental at market price without control over the activity, it shouldn't be a crime, but the line is thin and depends on judicial interpretation.
What is the difference between Pimping and Trafficking?expand_more
Trafficking attacks freedom of movement and dignity (moving the person, recruiting, enslaving). Pimping focuses on profiting from another's sexual activity. One can be a pimp without being a trafficker, but traffickers are usually also pimps.
If the women say they are free, can I be convicted?expand_more
Yes. In Trafficking, the victim's consent is irrelevant if deceit, violence, or abuse of a situation of need (e.g., irregular immigrant without resources) was used. The law considers that consent to be vitiated.
Can they close my premises or hotel?expand_more
Yes. The Criminal Code provides for the temporary (up to 5 years) or permanent closure of establishments where prostitution or trafficking is favored, in addition to the dissolution of the owning company.
What is 'abuse of a situation of need'?expand_more
It is taking advantage of the fact that the victim has no other option to survive (due to debts, lack of papers, family burdens) to impose prostitution conditions on them. It is the core of most trafficking convictions today.
Can my assets be seized?expand_more
Yes. In organized crime and trafficking offenses, extended confiscation applies. It is presumed that all the convict's assets come from the crime unless proven otherwise, and they are seized to pay fines and compensation to victims.
What if I am just the manager or doorman?expand_more
The Prosecution usually accuses everyone of belonging to a Criminal Organization. Our defense seeks to downgrade participation to complicity or prove that they performed neutral tasks (serving drinks, cleaning) without knowing the underlying exploitation.
Is it a crime to bring someone from another country for prostitution?expand_more
Yes, it is Human Trafficking (Art. 177 bis), even if the person knew what they were coming for, if deceit about conditions or abuse of their poverty was used. It can also be a crime against the rights of foreign citizens (illegal immigration).
How do you defend a case with Protected Witnesses?expand_more
It is very complex. We question the witness's credibility (benefits for reporting, such as papers or aid), look for contradictions in their previous statements, and attack the lack of external corroborating evidence (cameras, money transfers, etc.).
What is 'Sexual Exploitation' according to the Criminal Code?expand_more
It does not require slavery. It suffices that a dependency relationship exists and burdensome, disproportionate, or abusive conditions are imposed to profit from another's prostitution.
Can my phone be tapped?expand_more
Yes, in these crimes it is the norm. Police tap phones for months before arresting. Our defense reviews the court orders that authorized the wiretaps to seek nullities for lack of motivation or proportionality.
What about prostitution advertising?expand_more
The 'Only Yes is Yes' Law introduced changes. Profiting from facilitating another's prostitution is prosecuted. Publishing ads can be an indication of management and control over the victim.
If I am a client, can I have problems?expand_more
The client (john) does not commit a crime of trafficking or prostitution, unless the victim is a minor (corruption of minors) or knows they are being forced (sexual assault). However, they can be called as a witness in the trial.
What is voodoo or 'juju' in trafficking?expand_more
It is a mechanism of psychological coercion very common in Nigerian trafficking. Victims believe they will die if they don't pay the debt. Spanish courts recognize voodoo as a valid form of violence and intimidation to annul will.
Can I go to prison if I didn't know they were trafficking victims?expand_more
Reckless crime usually doesn't fit here, but the figure of 'willful blindness' exists. If there were obvious signs you ignored to benefit yourself, you can be convicted anyway.
What is the maximum penalty?expand_more
It can be very high. Adding trafficking (5-8 years), coercive prostitution (2-5 years), criminal organization (4-8 years), and laundering, prosecutor requests easily exceed 20 years in prison in macro-cases.
Can I plead bargain with the Prosecution?expand_more
In macro-cases, it is sometimes possible to bargain for significant reductions in exchange for admitting facts and paying fines, to avoid the risk of very long sentences. It is a strategic decision we evaluate case by case.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

We use cookies to improve your experience. By continuing to browse, you accept our privacy policy.