Workplace Sexual Harassment Lawyer (Art. 184 CP)
Criminal defense where workplace sexual harassment crosses the line into a criminal offence (Art. 184 CP).
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Workplace Sexual Harassment: Offence vs Infringement
Workplace sexual harassment sits on the boundary between labour law, administrative sanctioning law and criminal law. Not every inappropriate conduct at work is a crime: Article 184 of the Spanish Criminal Code reserves criminal intervention for requests for sexual favours that create an objectively intimidating, hostile or humiliating situation. The defense turns on carefully distinguishing the criminally typical conduct from the labour infringement and the protocol breach.
Article 184.1 CP punishes a person who requests sexual favours, for themselves or for a third party, within a continued or habitual employment, teaching or service relationship, where this causes the victim an objectively and seriously intimidating, hostile or humiliating situation — 3 to 5 months' imprisonment or a fine of 6 to 10 months. Article 184.2 CP provides the aggravated subtype of harassment by abuse of superiority (5 to 7 months and disqualification).
Quid Pro Quo and Hostile Environment
Case law identifies two forms: quid pro quo harassment, where employment rights (promotion, keeping the post, hiring) are conditioned on accepting sexual favours; and environmental harassment, where a hostile setting is created without an explicit conditioning of rights. Both may amount to the offence when they reach the required seriousness; quid pro quo typically fits the aggravated subtype of Article 184.2 CP through abuse of superiority.
Compliance and the Anti-Harassment Protocol
Organic Law 10/2022 and Law 15/2022 require every company to have a prevention protocol. Its existence and effective application can mitigate the legal person's liability under Article 31 bis CP and bear on subsidiary civil liability.
Defense Strategy
- Criminal atypicality of conduct that does not reach the threshold of Article 184 CP.
- Consented context or a prior reciprocal relationship.
- Absence of the sexual purpose required by the offence.
- Challenge to digital evidence (messages, emails) and coordination with any parallel labour proceedings.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Basic offence | Art. 184.1 CP: 3-5 months' imprisonment or a fine of 6-10 months. |
| Abuse of superiority | Art. 184.2 CP: 5-7 months' imprisonment for abuse of a superior position. |
| Labour | Disciplinary dismissal + compensation + Labour Inspectorate sanctions. |
* 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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