Sexual Abuse
Sexual Abuse Lawyer
What Is Sexual Abuse?
Any non-consensual sexual act (whether contact or activity) is considered sexual abuse.
When one or more persons force others to take part in a sexual activity, it is considered a crime, as it violates the sexual freedom of individuals.
It is not only rape that is considered sexual abuse, but also sexual coercion. Therefore, whoever carries out either of these two types of acts would be committing a crime of sexual abuse, punishable by a prison sentence of one to three years, or a fine of 18 to 24 months.
Difference between sexual abuse and sexual harassment
Sexual harassment is considered to be any behavior that negatively affects the dignity of a person. This behavior can be verbal or physical and its purpose is to generate an intimidating and offensive environment towards the other person.
On the other hand, as mentioned above, sexual abuse is considered to be any sexual activity or contact that infringes on the freedom of the person and that is carried out against the will of the victim.
Due to the special complexity of sexual crimes, if you are accused of one of the above mentioned crimes, we advise you to contact with our sexual abuse attorneys for appropriate advice.
Can Sexual Harassment be reported?
Of course, sexual harassment is reportable. This crime is regulated by Article 184 of the Penal Code and divides the penalties into two articles 2 and 3 depending on their aggravating factors.
Article 184.2 of the Penal Code penalizes sexual harassment that has been carried out in a situation in which the offender had a situation of superiority over the victim, whether in the workplace, academic or hierarchical. In this case, the prison sentence would be 5 to 7 months or a fine of 10 to 14 months.
Article 184.3 of the Penal Code penalizes sexual harassment that has been carried out in a situation in which the victim is especially vulnerable, due to age, situation, illness, etc. In this case the penalty is 6 months to one year imprisonment.
Difference between sexual abuse and sexual assault
The clearest definition of sexual assault is the one that is broken down in article 178 of the Penal Code: whoever attempts against the sexual freedom of another person, using violence or intimidation, will be punished as responsible for sexual assault with a prison sentence of one to five years.
The prison sentence is increased from 6 to 12 years when the sexual aggression consists of carnal access by vaginal, anal or oral means, or introduction of bodily members or objects by any of the first two means.
The difference with sexual abuse is that in the latter, acts are performed against the sexual freedom or indemnity of another person without consent, violence or intimidation.
Our Madrid sexual assault lawyers will help you if you or someone you care about is involved in one of these crimes
What are the penalties for sexual abuse?
The crimes of sexual abuse are regulated in articles 181 and 182 of the Penal Code.
In the event that between the victim and the offender there is some kind of relationship either in the workplace, teaching or other type of service, and there has been a situation against the freedom and sexual indemnity of the victim, this crime is considered a basic type and as indicated in Article 181.1 of the CP, a prison sentence of three to five months or a fine of six to ten months will be applied.
If the victim is considered especially vulnerable, the penalty increases to five to seven months imprisonment or a fine of ten to fourteen months.
It is considered an aggravated crime when the harasser has a position of superiority over the victim. Included in article 184.2, the penalty is five to seven months imprisonment or a fine of ten to fourteen months. In the event that the victim is considered especially vulnerable, the prison sentence is six months to one year.
What is Childhood Sexual Abuse?
Sexual abuse of minors is considered a crime when it is committed against minors under 16 years of age.
This type of crime is regulated in the Penal Code by article 183: “Whoever performs acts of a sexual nature with a minor under sixteen years of age, shall be punished as responsible for sexual abuse of a minor with a prison sentence of two to six years”.
Causing the minor to witness sexual abuse even if he/she is not part of it is also punishable and has a penalty of one to three years.
Contacting a minor under 16 years of age telematically, by means of deception, intimidation or threat is also considered a crime of sexual abuse and is punishable as such.
Among these conducts, there is the requesting of pornographic material to minors or attempting to meet them personally. This attempt to contact minors online is called “child grooming”.
If the abuse consists of the introduction of bodily members or objects in the minor, and/or actions of carnal access, vaginal, anal or oral, the penalty increases according to article 183.3 of the Penal Code, being from eight to twelve years of imprisonment or from twelve to fifteen if in addition there is an attempt to trick the minor into taking part in possible sexual content.
The prison sentences will be increased in its upper half in the case that the victim suffers from mental or physical disorder, when the victim is under 4 years of age, if the victim’s life is endangered, if the aggression by recklessness causing serious harm to the victim, if the aggression is joint between more people, if it is organized by an organization or criminal group, if the aggressor is in a situation of superiority over the victim or has some kind of affinity or family relationship with the victim.
In the case that the sexual abuse has been carried out by a position of authority or civil servant, a penalty of absolute disqualification between 6 and 13 years will be applied as regulated by 183.5 of the Penal Code.
Child Sexual Abuse Lawyers
Our criminal lawyer has specialized in child abuse cases.
Our criminal experts defend the victim against any type of abuse. All sexual acts against minors are handled by our criminal lawyers in Madrid.
Different cases of sexual abuse in Madrid have been handled by our expert lawyers in the field of sexual abuse. They fight for the freedom and sexual indemnity of children and young people in need.
Crimes against the freedom of minors are considered crimes of abuse of minors as provided in Article 183.1º and 4º d, in relation to Article 74 of the Penal Code. After the entry into force of the Organic Law 5/2010, of June 22nd. The penalties are up to 5 years imprisonment including the legal accessory of a restraining order against the victim either from her home, workplace or other places frequented by the victim. In addition to the prohibition to communicate with the victim by any means during the years stipulated in the sentence. After the sentence, the aggressor will be sentenced to probation for a certain number of years at the end of his prison sentence.
The aggressor is sentenced to pay compensation to the victim in the amount established in the sentence with the corresponding legal interest and to pay the procedural costs, including those of the private prosecution.
Sexual abuse of persons deprived of reason or sense.
Abuses of this type are considered to be those carried out on persons deprived of sense with faculties that make them intensely diminish what they want or what they know and these circumstances make them incapable of consenting to the facts.
These conducts will be punished with prison sentences of 5 to 10 years and 12 to 15 years, when certain circumstances concur such as: violence or intimidation; joint action of two or more persons; especially vulnerable victim (due to age, illness, disability or situation), except as provided in article 183; when the person responsible for the crime has taken advantage of a relationship of superiority or kinship; when the perpetrator makes use of weapons or other equally dangerous means.
Prevalence in crimes of sexual abuse
What is considered prevalence?
Prevalence occurs when the perpetrator or active subject of a crime takes advantage of a situation or advantageous position of superiority in relation to the victim that allows him/her to commit the criminal act more easily and successfully.
Prevalence is an aggravating factor in certain crimes. We distinguish between two types of prevalence, the aggravating factors in generic circumstances and the aggravating factors in specific circumstances. The former are elements that do not condition the existence of the crime, it could be said that they appear accidentally, while the latter are determinant in the perpetration of the crime. We will now discuss both types:
Prevalence in general circumstances.
According to the Penal Code, the following cases are considered generic aggravating circumstances:
- Taking advantage of a situation of superiority.
- Taking advantage of the victim’s trust.
- Taking advantage of the public character of the perpetrator of the crime, whether an authority or public official.
- Taking advantage of a relationship of kinship between the perpetrator and the victim.
These cases are regulated by articles 22 and 23 of the Penal Code and article 66.1.3 of the Penal Code.
Prevalence in specific circumstances.
Some of the crimes in which prevalence acts as a specific aggravating circumstance are:
- Sexual assaults.
- Sexual abuse.
- Sexual harassment.
- Prostitution.
- Corporate crimes.
- Trafficking of immigrants.
- Influence peddling.
Being these acts that attempt against the victim’s freedom and without consent.
If you have been involved in any sexual abuse cases, you are not alone, our legal professional in sexual assault and sexual abuse can help you.
Victim 's statement as the only evidence against him.
According to Article 24.2 of the Constitution: “everyone has the right to an ordinary judge predetermined by law, to the defense and assistance of counsel, to be informed of the accusation made against them, to a public trial without undue delay and with all guarantees, to use the means of evidence relevant to their defense, not to testify against themselves, not to confess guilt and to the presumption of innocence.”
A series of requirements must be met so that the victim’s statement as the only evidence can serve to process the sentence. Among these requirements we find:
Absence of subjective incredibility on the part of the victim. This may be due to physical characteristics of the victim depending on her degree of development and maturity, as well as possible mental disorders, addictions or diseases that may influence the victim’s credibility. Or the relations of the victim with the accused that may link both in an accusation guided by rancor, revenge, interest or other motives.
To verify that the corroborations of the existence of the fact are of an objective nature and statements of knowledge provided by outsiders.
- The victim’s statement must be logical and plausible. On the other hand, the victim’s statement must be objectively corroborated by outsiders. This corroboration is very diverse in itself, it can be data concerning some factual aspect that can prove the plausibility of the victim’s testimony, injuries in case there are any.
- Persistence in the incrimination. The accusation must be firm, have no contradictions, be prolonged in time.
In this case, if the accused considers himself innocent, he must question the possible contradictions of the victim as the only defense.
Our firm has leading victims of sexual abuse attorneys ready to help you recover compensation for medical expenses and pain and suffering under a penal claim.
Difficulty of proof of consent
Recently the age of consent in sexual acts has changed. Currently the age of sexual consent is raised from 13 to 16. This is because previously the legal age of consent for sexual acts in Spain was much lower than in other European countries and one of the lowest in the world.
Therefore, the performance of sexual acts of any kind with minors under 16 years of age is considered a criminal act in any case, except in the case of consensual relations with a person close to the minor by age and degree of development or maturity.
According to article 181.2 of the PC, there is no sexual consent in the following cases:
- If the person on whom the sexual abuse is committed is deprived of sense.
- If the person suffers from a mental disorder.
- When the aggressor uses any drug or substance to annul the will of the victim.
- When the aggressor obtains the victim’s consent by being in a situation of superiority over the victim.
A sexual act is considered a consensual act if and only if the following aspects are fulfilled:
- People have the possibility to choose the sexual option of preference, the person with whom to perform it and to reject those unwanted proposals.
- The motive for consent is irrelevant as long as it is not by deception. Therefore, the existence of any kind of relationship between people does not imply instant sexual consent.
In case of unclear sexual consent, the principle of immediacy will be used by which the Supreme Court and the Constitutional Court will speak.
Feature Sexual Abuse Lawyers
Our law firm, Alonso Sala, specializes in crimes against freedom and sexual indemnity. Numerous successful cases in the courts of Madrid, as well as in the rest of Spain, endorse our trajectory as specialists in sexual crimes.
As criminal lawyers, our track record includes cases of sexual harassment (including workplace sexual harassment), sexual abuse, sexual assault, cyber sexual harassment of minors, sexual assault of minors, sexual abuse of minors, corruption of minors, sexual provocation, prostitution and sexual exploitation, exhibitionism, etc.
Our law firm is located in Madrid, although we handle cases both in the Spanish capital and in other provinces. We have the best lawyers in Madrid trained in the defense of the freedom or sexual indemnity of a person.
Negative certificate of sexual offenses
Nowadays it is in many jobs that the Negative Certificate of Sexual Offenses is requested, especially in jobs that deal with children or people with some type of physical or mental limitations, as well as with the elderly
What is the Negative Certificate of Sexual Offenses?
It is a certificate that serves to certify that you have not committed any type of sexual offense up to the date of issuance of the certificate.
How can the Negative Certificate of Sexual Offenses be requested?
It can be requested in person or online.
In person:
Go in person to a Tax Agency Office and apply for registration in the Clave PIN system.
Go to the Tax Agency website and validate the PIN (it takes two hours each time it is requested).
Go to: https://sede.mjusticia.gob.es/cs/Satellite/Sede/es/tramites/certificado-registro-central
Click on: On-line processing with CL@VE
Access to Clave PIN.
Request and download certificate.
Or telematically, through the Ministry of Justice, at the following URL:
https://sede.mjusticia.gob.es/cs/Satellite/Sede/es/tramites/certificado-registro-central
Provided that you have Cl@ave PIN, or electronic DNI.
How long is the Negative Certificate of Sexual Offenses valid?
The Negative Certificate of Sexual Offenses does not expire.