Expert Sexual Crimes Attorney in Madrid

Do you need a criminal defense attorney in Madrid for sexual crimes?

Sexual crimes represent one of the most sensitive and complex areas of criminal law. Accusations can result in extremely severe prison sentences and devastating personal and professional consequences.

The central element is consent. The judge must determine whether the sexual act occurred with free and voluntary consent. Following the 2022 reform, the «Only Yes Means Yes» Law eliminated the classification of abuse; now all non-consensual acts constitute sexual assault.

What was previously classified as sexual abuse is now equally prosecuted as sexual assault. If you need a sexual abuse attorney in Madrid, it is essential that your lawyer masters the jurisprudence following the reform, as the classification criteria and penalties have changed substantially.

Sexual assault without penetration – Art. 178

Article 178 of the Criminal Code provides for penalties of one to four years imprisonment when there is no penetration. If the assault includes violence, intimidation, or nullification of the victim’s will, the penalty increases to one to five years imprisonment.

Sexual assault with penetration – Art. 179

According to article 179, the penalty is four to twelve years imprisonment in cases of vaginal, anal, or oral penetration. If violence, intimidation is used, or the victim’s will is nullified, the sentence increases to six to twelve years imprisonment.

Aggravating circumstances – Art. 180

Article 180 establishes that in cases with aggravating factors such as use of weapons, participation of several people, or special vulnerability of the victim, penalties can reach up to 15 years imprisonment.

Sexual assault with chemical submission

The use of substances to nullify the victim’s will in sexual crimes carries severe penalties according to the Spanish Criminal Code. Find more information on our page about chemical submission in sexual assault.

• Sexual assault without penetration: up to 8 years imprisonment; up to 10 years if there is violence or intimidation.
• Sexual assault with penetration: between 7 and 15 years imprisonment; between 12 and 15 years if there is violence or intimidation.

Sexual assault of minors under 16 years – Art. 183

Article 183 of the Spanish Criminal Code regulates penalties for sexual assault of minors under 16 years, setting this age as the limit since it is understood that a minor cannot give consent as it would be vitiated.

• Imprisonment of 2 to 6 years for acts of a sexual nature.
• Imprisonment of 5 to 10 years if there is violence, intimidation, or nullification of will.
• Imprisonment of 8 to 12 years in cases of carnal access (vaginal, anal, or oral) or introduction of objects.
• Sexual assault of minors under 16 years – Art. 183

  Article 183 of the Spanish Criminal Code regulates penalties for sexual assault of minors under 16 years, setting this age as the limit since it is understood that a minor cannot give consent as it would be vitiated.

  • Imprisonment of 2 to 6 years for acts of a sexual nature.
  • Imprisonment of 5 to 10 years if there is violence, intimidation, or nullification of will.
  • Imprisonment of 8 to 12 years in cases of carnal access (vaginal, anal, or oral) or introduction of objects.
  • Imprisonment of 12 to 15 years if aggravating factors such as extreme violence, special vulnerability, use of weapons, drugs, or membership in a criminal group are present.

  Sexual harassment of minors under 16 years

  Article 183 of the Spanish Criminal Code establishes that any person who contacts a minor under 16 years with the intention of arranging a sexual encounter may face a sentence of up to 3 years imprisonment. Contacting a minor under 16 years to provide pornographic material may carry a penalty of up to 2 years imprisonment.

  Child sexual abuse and cyberbullying of minors

  Sexual crimes against minors receive aggravated treatment in the Criminal Code. A child abuse attorney must know the procedural particularities: statements from minor victims in pre-constituted evidence, intervention of the psychosocial team, and immediate protection measures.

  Sexual cyberbullying of minors (online grooming) is classified when an adult contacts a minor under 16 years through the internet or social networks for sexual purposes. If you are under investigation, the defense must act before computer data dumps are performed, as digital evidence is determinant. You can also find information on our page about sexual assault charges.

  Sexual harassment in the workplace

  Sexual harassment at work is reg

Specialists in false accusations of sexual crimes

Have you been falsely accused of sexual assault? The impact of a false accusation is devastating on a personal and professional level, even before the trial takes place. False accusations of sexual crimes are more frequent than thought and can occur in contexts of conflictive separations, custody disputes, or workplace conflicts. Defense against a false accusation requires:

• Credibility analysis of testimony: Evaluating the internal coherence of the statement, possible contradictions, and the existence of spurious motives.
• Collection of exculpatory evidence: Messages, recordings, third-party testimony, and any element that demonstrates the non-existence of the reported facts.
• Psychological expert assessment: Requesting expert reports that analyze the plausibility of the complaint and detect possible indicators of narrative fabrication.
• Immediate action: Having a specialized criminal defense attorney from the first moment is critical to avoid unjustified precautionary measures and preserve the presumption of innocence.

Also check our page about foot fetish as sexual assault crime.