Sexual Assault
Sexual Assault Lawyers
What is sexual assault?
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The crime of sexual assault appears in articles 178 to 180 of the Penal Code. According to article 178 of the Penal Code, anyone who attacks the sexual freedom of another person, using violence or intimidation, will be punished as responsible for a crime of sexual assault.
Sexual assault is punishable by 1 to 5 years imprisonment.
This penalty may be increased from 6 to 12 years when the sexual assault consists of carnal access by vaginal, anal or oral means, or introduction of bodily members or objects by any of the first two means.
What is aggravated sexual assault?
Aggravated sexual assault is considered to be the introduction of bodily members or carnal access by vaginal, anal or oral means, without the consent of the victim, in addition to the use of violence or intimidation.
Aggravated sexual aggression, also known as rape, is regulated by article 179 of the penal code and is punishable by a prison sentence of six to twelve years.
Difference between sexual assault and sexual abuse
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A sexual abuse takes place when a person forces another person to have a sexual encounter or performs it against the other person’s will.
According to article 181 of the penal code, it is performed without the consent of the other person but without the aggressor exercising violence or intimidation on the victim.
In the case of sexual assault if there are signs of violence or intimidation towards the victim to take part in the sexual act.
Difference between sexual assault and rape
Our Rape Lawyers have extensive experience as specialists in the field.
It is very common not to distinguish between sexual assault and rape since they have many common aspects.
First of all, it is important to point out that these two acts are punished and regulated by different articles of the Penal Code.
Sexual assault is any attack against the sexual freedom of another person in which violence or intimidation occurs. Sexual assaults are punished and regulated by articles 178 and 179 of the Penal Code.
Basic sexual assault
Regulated by article 178 of the Penal Code. In this type of aggression, sexual conduct identical to sexual abuse is exercised. There is no penetration or introduction of bodily members or objects, but in the case of aggression, acts of violence or intimidation are included.
Basic sexual assaults are punishable by imprisonment of 1 to 5 years.
Aggravated sexual assault
This type of sexual offense is regulated by article 179 of the Penal Code.
This type of aggravated sexual assault corresponds to aggravated sexual abuse. This aggravated sexual assault or, as it is better known, rape, is a sexual abuse in which there is vaginal, anal or oral penetration, and/or introduction of bodily members by these same means, in addition to acts of violence or intimidation.
Aggravated sexual assaults are punishable by 6 to 12 years of imprisonment.
Now we are faced with the following doubt:
How do I know if violence has been exercised in the assault?
Violence is considered to be the physical force exercised towards another person with the aim of overcoming the resistance of the victim who does not want to maintain the sexual relationship. As it is reflected in the articles of the Penal Code mentioned above, it is not necessary that the force be very high to be considered violence.
It is considered that violence is being used when through this force and against the consent of the victim, the aggressor gets the victim to yield to his acts.
How do I know if intimidation has been used in the assault on the victim?
Unlike violence, intimidation is not a physical but a psychological act.
Intimidation occurs when the aggressor threatens the victim and the victim is so panic-stricken that the threat is carried out that the victim is forced to give up her resistance to the aggression against her consent. These threats are not always verbal, sometimes they are environmental, that is to say, the situation already exerts as a threat.
How is a sexual assault punished?
As we have commented in the previous sections, sexual aggressions are divided into two types and each type has a defined prison sentence. In the case of basic sexual assaults the prison sentence is from 1 to 5 years, and in the case of aggravated sexual assaults from 6 to 12 years. But these penalties may vary.
The penalties can be increased if there are facts that aggravate the abuse. A factor that can influence the aggravation of the penalty is the joint action of more than one person, another factor would be the use of weapons or dangerous elements. These aggravating factors are reflected in article 180 of the penal code.
In the case of minors or persons deprived of their senses, it is punished with different penalties which are included in article 183 of the penal code.
We are facing a sexual crime punished with a high prison sentence and in which, as expert sexual assault lawyers, with a long trajectory in the courts, we know that the immediate action of the lawyer is decisive for the good resolution of the case.
What types of sexual aggressions or sexual abuses can occur?
- Sexual abuse without vaginal, anal or oral penetration or introduction of bodily members or objects vaginally or anally.
- Sexual abuse with vaginal, anal or oral penetration or introduction of bodily members or objects vaginally or anally.
- Sexual assault without vaginal, anal or oral penetration or introduction of bodily members or objects vaginally or anally.
- Rape: sexual assault with vaginal, anal or oral penetration or introduction of bodily members or objects vaginally or anally.
Sexual assaults on minors
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Articles 183 to 183 of the Criminal Code contain more severe penalties for those who sexually assault a minor.
Sexual abuse of minors
There is no great difference between sexual abuse and sexual abuse of minors, both are about an abuse made by a person to another without violence or intimidation, so that there is no consent by the person who suffers it and the sexual freedom or indemnity of this is violated. The difference is that in this case the abuse is committed against a minor.
Sexual assault of minors
In this case there is no great difference between sexual aggression and sexual aggression to minors, both are an abuse made by a person to another person with violence or intimidation, so that there is no consent by the person who suffers it and the sexual freedom or indemnity of this one is violated. The difference is that in this case the abuse is committed against a minor.
Pedophilia
Pedophilia occurs when an adult takes advantage of the relationship he/she has with minors by arousing them and seeking to obtain sexual pleasure from them. Both direct physical contact and non-direct contact are considered pedophilia.
WHAT IS CONSIDERED DIRECT PHYSICAL CONTACT? Pedophilia with direct physical contact is considered to be kissing, caressing, masturbation of the minor, etc.
WHAT IS CONSIDERED NON-DIRECT PHYSICAL CONTACT? Pedophilia without direct physical contact is considered to be exhibitionism or masturbation in front of the minor.
Sexual exploitation of children
Child sexual exploitation is still sexual abuse of minors.
In this case, the perpetrator seeks to profit financially from the abuse of minors.
Within child sexual exploitation we find:
- Child pornography. In this type of child pornography, minors are recorded having sex with an adult or another minor and the videos are commercialized. It is considered a crime of child pornography both its commercialization and its possession or consumption.
- Child prostitution. Child prostitution is considered to be the introduction or facilitation of a minor or incapable person into prostitution.
- Corruption of minors. It consists of the use of minors or incapable persons to star in or participate in exhibitionist or pornographic shows, in public or private sex shows, in the purchase, sale or dissemination of pornographic material of minors, etc.
What is considered sexual violence against minors?
It is not necessary for there to be direct contact with the minor for there to be abuse. Exhibitionism, exposure of children to pornographic material, manipulation of minors for the production of material with sexual content and grooming are punishable as a crime of child sexual abuse.
What should you do if you have been charged with sexual violence?
If you are accused of possible crimes of sexual abuse, crimes related to sexual freedom or indemnity or sexual crimes against a victim under 16 years of age, you should seek the advice of a lawyer.
Contact as soon as possible with our expert lawyers to study your situation, we will develop our work based on the statement provided by the accused and you will have the commitment of a responsible lawyer, expert in the defense and prosecution of sexual crimes.
The following factors are taken into account for the defense of an accused of sexual abuse: the interest shown in his daily life is valued, as well as the relationship he has with the minors around him and his children (if he has any), his relationship with the media and the defendant’s assessment of his knowledge of warning signs
We are expert criminal lawyers in sexual crimes: sexual harassment, sexual abuse and sexual assault.
Our Madrid criminal law firm, Alonso Sala, is dedicated exclusively to crimes against freedom and sexual indemnity: sexual crimes such as sexual abuse, sexual assault, or rape, among others. Numerous successful cases endorse our track record in the Spain criminal courts.
Our criminal law firm has expert criminal lawyers who will analyze your case and seek the best strategy to defend your interests, your reputation and your life.
Sexual crimes regulated by articles 178-180 of the Penal Code, are punishable by up to 10 years imprisonment. High prison sentences, in which having the best lawyers, specialists and with extensive experience, can make a crucial difference in your future.
Our criminal lawyers are also specialists in sexual harassment crimes. This type of crime takes place through the proposition of sexual favors from one person to another, as well as the solicitation of sexual favors by taking advantage of certain circumstances. This situation may occur in a work or teaching relationship, using the victim’s trust and generating a situation of intimidation to the other person.
The crime of sexual harassment is regulated by article 184 of the Penal Code, this article registers the crimes against sexual freedom and indemnity and protects the victim in the social, labor and educational environment. There is no reckless sexual harassment, so it is punished as an act carried out with will. It is considered an intentional crime.