Have you been charged with sexual assault? If you have been charged with a sexual assault offense, you are probably wondering how to respond to a sexual assault charge. The first thing you should do is consult with an attorney who specializes in sexual offenses so that they can understand your case from the beginning and establish the best defense strategy.
The first thing you should know is what constitutes an assault and what steps to take after being charged with sexual assault. In this article we will try to explain what a sexual assault offense is in a way that is understandable to any reader.
What is sexual assault?
A sexual assault is any act that violates another person’s sexual freedom. The legal interest protected is sexual freedom and integrity: the right of every person to freely decide about their own sexuality, without being subjected to non-consensual acts.
Following the reform of the «Only Yes is Yes» Law in 2022, the category of sexual abuse offense was eliminated, encompassing any sexual assault as an attack on another person’s sexual integrity when consent does not exist.
In other words, these types of offenses revolve around the victim’s consent. The Judge will investigate whether the victim gave their consent in a
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Penalty for rape
However, in cases where penetration occurs, whether vaginal, anal or oral, article 179.1 of the Criminal Code punishes the offense of rape with a sentence of four to twelve years in prison. By sexual penetration we refer to the introduction of any body part. That is, inserting fingers into the vagina, penetration, etc. In cases where the aggressor used violence or intimidation, or the victim had their will nullified, according to article 180.1 of the Criminal Code it will be punished with a sentence of six to twelve years in prison.
Penalty for sexual assault on a minor under 16 years old
When the perpetrator used drugs or substances to nullify the victim’s will to carry out the act against the victim’s sexual freedom, the prison sentence will be seven to fifteen years, according to the aggravating factor in article 180.1 of the Criminal Code.
In the case that the sexual assault was carried out by two or more people jointly, or by a person who took advantage of a relationship of trust, kinship or superiority with respect to the victim, the perpetrator of the rape offense could face a sentence of twelve to fifteen years in prison.
Aggravating circumstances in sexual assault offenses
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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.