Have you been convicted and want to appeal? If you received a conviction for sexual assault, the judicial process does not end with the sentence. Appeals and cassation appeals offer you legitimate avenues to challenge it. Each appeal has a different purpose and different possibilities. In this article I explain clearly how to appeal and how to file a cassation appeal, step by step.
How many people are convicted of sexual assault in Spain?
In Spain, in 2023 alone, more than 3,200 people were convicted of sexual crimes, according to INE data. Among them, 2,867 were adults and 424 minors. The convictions include cases of sexual assault, rape, sexual abuse and sexual crimes committed against minors under 16 years. These figures reflect the real dimension of this type of crime and the forcefulness with which they are criminally prosecuted.
Appeal against conviction for sexual assault
What is an appeal and what is it for?
The appeal allows the sentence to be reviewed through a second instance. The higher hierarchical Court evaluates both the facts and the law.
This means that you can discu
How to file a criminal cassation appeal before the Supreme Court
When can you appeal before the Supreme Court?
What happens if I am convicted of sexual assault and my appeal is dismissed?
If the higher hierarchical Court confirms or even increases the conviction, you can go to the Supreme Court through a criminal cassation appeal. This appeal does not review facts, nor does it re-evaluate evidence. It only analyzes legal errors and their general relevance in national criminal interpretation.
Can I file a cassation appeal against a conviction for sexual assault?
Yes, you can file a cassation appeal against a conviction for sexual assault, but with important nuances:
Have you been convicted of sexual assault and want to file a cassation appeal?
If you have received a conviction for sexual assault and your appeal has already been dismissed, you can still file a cassation appeal before the Supreme Court. This is an extraordinary legal tool, whose objective is not to re-analyze the facts of the case, but to review legal errors in the sentence issued on appeal.
What type of errors can be appealed?
The criminal cassation appeal allows challenging exclusively legal questions, not facts or evidentiary evaluations
How do you appeal a conviction before the Supreme Court?
Do you want to appeal a conviction before the Supreme Court?
How can a lawyer specializing in criminal appeals help you?
Criminal appeal
When you face a conviction for sexual assault, having a lawyer specializing in criminal appeals can make the difference between confirming an unjust sentence or reversing it. This professional not only masters legal technique, but knows how to interpret how the court has evaluated the victim’s statement, expert evidence or possible procedural violations. A well-formulated appeal can challenge the evaluation of evidence, request a review of proven facts and even raise the nullity of the trial if there was a lack of defense. The key is knowing how higher courts reason and presenting clear, coherent and legally sound arguments.
Criminal cassation appeal
The specialist lawyer in criminal cassation appeals is an even more technical profile. Cassation does not allow re-evaluating facts or repeating emotional arguments: it requires identifying specific legal errors in the appeal sentence, and justifying that those errors affect the uniform interpretation of Criminal Law. Only a lawyer with experience in cassation knows how to properly present the cassation interest, how to structure the motion according to article 849 of the LECrim, and what jurisprudence to cite to convince the Supreme Court that it should study the case. A poorly formulated brief will be dismissed without further consideration, thus losing the last opportunity for defense.
In our d
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.