Prostitution and corruption of minors offenses are among the most serious forms of violation of sexual freedom and integrity, especially when they affect minors, women and persons with disabilities.
In Spain, the Ministry of Equality estimates that between 152,735 and 184,234 women were in prostitution in 2023, and that 80% could be victims of trafficking for sexual exploitation purposes. In turn, more than 2,800 adults and more than 400 minors were convicted of crimes against sexual freedom that same year, highlighting the growing risk in digital environments.
Is engaging in prostitution a crime?
Voluntary prostitution is not criminalized in Spain. However, promoting, facilitating or profiting from another person’s prostitution does constitute a crime, especially when taking advantage of the victim’s situation of need or vulnerability.
Article 187 of the Criminal Code punishes these conducts with imprisonment sentences of 2 to 5 years and fines of 12 to 24 months, even if the victim has given consent.
When is it a crime to promote, facilitate or enable the prostitution of others?
Article 187.1 punishes with imprisonment sentences of two to five years and fines of twelve to twenty-four months anyone who facilitates the prostitution of another pers
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Corruption of minors: what conducts are punishable
What is corruption of minors according to the Criminal Code?
Corruption of minors encompasses a wide range of conducts, from consumption of child pornography to direct involvement in its production or distribution. Unlike sexual abuse, physical contact is not essential here, as inciting, using or exhibiting minors in sexual contexts is sufficient.
Is it a crime to contact a minor through social media to request images or arrange sexual encounters?
Yes. This type of behavior is severely punished by article 183 ter of the Criminal Code, classified within crimes against sexual freedom and integrity of minors. If an adult contacts a minor under sixteen years old through internet, telephone or any technology to propose participation in sexual conduct or send explicit sexual content, they may face imprisonment sentences of one to three years or fines of twelve to twenty-four months.
The offense is aggravated if, in addition to contact, an appointment with the minor is arranged or images of a sexual nature are exchanged. These conducts, known as grooming, are penalized even if the encounter does not actually take place. The law seeks to provide absolute protection to minors against any type of predatory sexual approach.
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The distribution of illicit sexual content on the internet
Is it a crime to share content that incites sexual offenses?
Article 189 bis CP, introduced by recent reforms, penalizes the public distribution through digital means of content intended to promote or incite sexual crimes, especially those directed against minors or persons with disabilities. It is punishable with imprisonment of one to three years or fines of six to twelve months.
What measures can a judge adopt to block this content?
Judicial authorities may order content removal, the interruption of the service hosting it or even the blocking of websites when the server is located abroad. These measures seek to protect digital space against the proliferation of criminal sexual content.
Does it matter if the server is located abroad?
No. Location outside the national territory does not prevent the application of article 189 bis. The judge may order the blocking of access from Spain, based on the principle of extraterritoriality provided for in article 23 of the Organic Law of the Judicial Power.
Criminal liability of companies for sexual crimes
Can a company be convicted of prostitution or pornography crimes?
Yes. The Article 189 ter.
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