If you have been reported for having sexual relations with a person under 16 years of age, you are surely assailed by many doubts.
What if she told me she was older?
What if her entire family knew about it?
What if the relationship was free and consensual for both parties?
These questions are not minor. In Spain, the Criminal Code is very clear: sexual relations with minors under 16 years of age are a crime, even with consent. But so is the most recent jurisprudence, which is beginning to outline a limit: when the accused reasonably did not know the real age of the person, they cannot be convicted.
Young man acquitted of sexual assault who believed the complainant was 16 years old
The Supreme Court has acquitted a 26-year-old young man, after granting his appeal to the Supreme Court. He was in a romantic relationship with a minor under 15 years old, but she told him she was 16. The relationship was known by her family, the protection center and her social environment.
As a criminal defense attorney, I will explain what this ruling means, how it may affect your case and what criminal defense strategies can be applied if you face a similar complaint.
What the law says about sexual relations with minors
The Criminal Code punishes any sexual relationship with a person under 16 years of age, even when there is consent. The crime of sexual assault on a minor under 16 years
Are you worried about being convicted due to a mistake about age?
Have you been accused of sexual assault on a minor under 16 years of age?
What happens if the accused acts with error regarding age?
The Supreme Court reminds us that sexual offenses do not include negligent forms. This means that, even if the accused’s error regarding age were avoidable, there can be no conviction, because the legislature did not provide for a negligent form of the offense.
What did the Supreme Court rule in this judgment?
In this case, the accused maintained a romantic relationship with a minor under 15 years old. She had told him she was 16. Her environment (family, care facility, friends) knew about the relationship and no one questioned her age. The relationship was affectionate, public and without signs of violence or manipulation.
Despite this, the accused was sentenced to more than 10 years in prison for sexual abuse. Both the Provincial Court and the Superior Court of Justice of Madrid concluded that he knew the real age of the minor or, alternatively, that he should have known it.
The Supreme Court overturned the conviction and acquitted the accused. Why?
Because it was not proven that he knew the age of the minor. And since knowledge of age is an essential element of the offense, intent was not established. Therefore, the conviction could not be sustained.
Error regarding age is one of the elements that prevent conviction for the offense of sexual assault on a minor under 16 years old
The Supreme Court makes this very clear:
«Intent requires actual knowledge of the elements of the offense. Error regarding
Are you accused of sexual assault on a minor under 16 years old and it was a consensual relationship?
The mistake regarding age can prevent a conviction for sexual offense if the accused reasonably did not know the actual age..
What happens if I have been convicted of sexual assault on a minor under 16 years old?
If you have already been convicted of a crime of sexual assault on a minor under 16 years old, but in your case similar circumstances are present —romantic relationship, reasonable ignorance of age, express consent from the minor, knowledge by her environment— you can still appeal.
An appeal to the Supreme Court can be an effective way to review the conviction if the mistake of fact was not properly assessed or your right to presumption of innocence was violated.
I explain the following steps you can take to appeal your conviction, by clicking here.
Are you accused of sexual abuse of a minor under 16 years old? Discover how an attorney expert in sex crimes can help you?
If you are facing charges for sexual assault on a minor under 16 years old, don’t take chances. This type of proceeding requires technical, expert, and committed criminal defense from the very first moment. Having an attorney specialized in sex crimes can make the difference between prison and acquittal. Do you want me to analyze your case? Request your consultation here and let’s start working on your defense.
I am Víctor Ávila, criminal defense attorney, and I want to help you.
Do you need an expert attorney for sexual offenses?
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.