In Spain, nearly 20,000 crimes against sexual freedom are reported each year, of which approximately 5,000 are sexual assaults with penetration known to Law Enforcement Agencies.
I understand the anguish that facing a criminal proceeding can entail, the fear of being placed in pretrial detention, the social stigma and public judgment.
What is the crime of sexual assault in Spain today?
Following Organic Law 10/2022, known as the «only yes means yes» law, the Criminal Code unified the former categories of sexual abuse and sexual assault. Now any act that violates sexual freedom without consent is considered a crime of sexual assault, regulated primarily in articles 178 to 180 of the Criminal Code.
Article 178 establishes that anyone who performs
Consensual encounters that end in a complaint
It’s a more frequent situation than you think:
you meet, there’s chemistry, you have sexual relations and, days later, you receive a court summons or a call from the police.
The conflict usually centers on very specific issues:
Boundaries that each person thought were clear.
You may think that certain practices were within the «normal» scope of the relationship; the other person may feel that you crossed a line they had never accepted.
Changes during the sexual act.
For example, introducing rougher practices, biting, grabbing or pressuring for deeper penetration. Recent case law has made it clear that consent is not given once and valid for everything: it must be maintained throughout the entire relationship and adapted to what has actually been agreed upon.
Condom use and «tricks» in the middle of the act.
Removing the condom without notice (stealthing), changing penetration zones without clear consent or ignoring refusal to continue can make an initially consensual relationship qualify as sexual assault.
Blocking, fear or lack of reaction.
Many complainants don’t scream n
Have you been accused of sexual abuse?
Do you need an attorney expert in sexual crimes?
How is evidence evaluated in a sexual assault case?
In sex crimes, there are almost never witnesses or recordings. The key to the trial is usually the complainant’s word against the defendant’s. Therefore, courts apply a very strict system to decide whether that testimony can be sufficient for conviction or not.
In Spain, the alleged victim’s statement may be sufficient evidence, but only if it passes three filters:
- Subjective credibility: that there are no personal motives that could distort their version (prior conflicts, interests, external influences).
- Objective credibility: that the account is logical and fits with other evidence: messages, medical reports, indirect witnesses, prior and subsequent behavior.
- Persistence in incrimination: that they maintain their version without serious contradictions from the beginning of the case until trial.
If any of these elements fails, the statement loses strength.
And if it’s the only evidence, judges must exercise extreme caution to avoid a conviction based solely on interpretations or suspicions.
Therefore, criminal defense in these cases focuses on analyzing in detail:
- how the complainant’s account has evolved,
- what objective evidence actually exists,
- what information messages, mobile phones or forensic reports provide,
- and whether the accusatory version is the only possible explanation or if a reasonable alternative exists.
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.