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abogado penalista en Madrid

SEXUAL ASSAULT SPECIALIST ATTORNEY IN MADRID

Criminal defense in crimes against sexual freedom. Criminal defense attorney in Madrid specialized in sexual assaults. Presumption of innocence from the first moment.

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Criminal defense in crimes against sexual freedom after LO 10/2022

The Organic Law 10/2022, of September 6, known as the «only yes means yes law», introduced a structural reform in crimes against sexual freedom. The category of sexual abuse was eliminated from the Criminal Code, unifying all conducts under the single type of sexual assault. This expanded the scope of application of the crime, but also generated complex case law that directly affects criminal defense.

The concept of consent after the reform

Consent becomes the central axis of the criminal offense. The law requires that it be free and express: silence or absence of physical resistance no longer equals consent. This paradigm shift has direct consequences on defense strategy and on the evidentiary evaluation by the courts.

Current Criminal Types

Following LO 10/2022, crimes against sexual freedom are structured as follows:

  • Art. 178 CP — Basic sexual assault (without penetration): 1 to 4 years
  • Art. 179 CP — Rape (with penetration): 4 to 12 years
  • Art. 180 CP — Aggravated (group, weapons, minor, vulnerability, gender violence): 2 to 15 years
  • Art. 181 CP — Assault on minor under 16 years: 2 to 10 years
  • Art. 183 bis CP — Grooming (online child solicitation): 1 to 3 years

Why do you need a specialist attorney?

These crimes carry very high prison sentences, disqualifications, restraining orders, sex offender registration, and irreversible reputational consequences. The defense must begin before any statement and requires precise knowledge of Supreme Court and Constitutional Court jurisprudence regarding testimonial evidence, forensic expert testimony, and consent evaluation.

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When do you need a sexual assault attorney?

If you find yourself in any of these situations, act immediately and contact a criminal defense attorney specialized in sexual crimes:
  • A complaint has been filed against you for sexual assault, rape or abuse: every hour counts to structure the defense
  • You are under judicial investigation: the investigating court has ordered proceedings or you have received a summons as a person under investigation
  • You have been arrested: you have the right to an attorney of your choice from the moment of detention
  • You must give a statement: before police or before the court, never testify without legal assistance
  • The trial has been held or is approaching: the defense strategy at trial is decisive for the outcome
  • Precautionary measures have been ordered (restraining order, communication prohibition, pretrial detention): it is urgent to appeal or negotiate their scope
The presumption of innocence is a fundamental right. Rigorous technical defense can make the difference between a conviction and an acquittal.
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Types of crimes against sexual freedom we defend

Each criminal type has its own typical elements, penalties, and defense strategies. Understanding the law is the first step to exercising an effective defense.

Basic sexual assault

Art. 178 CP. Any act that violates sexual freedom without penetration and without consent. Penalty: 1-4 years. The defense revolves around proving consent and the credibility of testimony.

Rape art. 179

Art. 179 CP. Sexual access by vaginal, anal or oral route, or introduction of body parts or objects. Penalty: 4-12 years. The most serious type of sexual assault and the one requiring the most exhaustive defense.

Aggravated art. 180

Art. 180 CP. Concurrence of aggravating circumstances: group action, use of weapons, minor or especially vulnerable victim, relationship of superiority or gender violence. Penalties: 2-15 years.

Assault on minors

Art. 181 CP. Offenses against minors under 16 years old, regardless of whether violence or intimidation is present. The minor age is by itself determinative of the offense type. Penalties: 2-10 years.

Grooming art. 183 bis

Luring of minors under 16 years old through the internet or other ICT to obtain sexual images or arrange a meeting. Penalties: 1-3 years. The defense analyzes digital communication and context.

Sexual harassment art. 183

Unwanted conduct of a sexual nature that creates an intimidating, hostile or humiliating environment. Common in the workplace. Defense requires analysis of context and communications between parties.
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Defense strategies in sexual crimes

PRESUMPTION OF INNOCENCE AND BURDEN OF PROOF
The principle of presumption of innocence (art. 24 CE) implies that the burden of proof falls entirely on the prosecution. The accused does not have to prove their innocence: it is the Public Prosecutor’s Office and the private prosecution who must destroy that presumption through sufficient and validly obtained incriminating evidence. Any reasonable doubt must be resolved in favor of the accused (in dubio pro reo).
CHALLENGING THE CREDIBILITY OF TESTIMONY
In the vast majority of sexual crime proceedings, the main evidence is the victim’s testimony. The Supreme Court has established that the victim’s statement can be sufficient to overcome the presumption of innocence, but only when three requirements are met: persistence in the accusation, plausibility and peripheral corroboration. The defense analyzes each of these elements to detect contradictions, spurious motivations or absence of evidentiary support.
FORENSIC EXPERT EVIDENCE
The medical-forensic, toxicological and psychological reports are key pieces in these proceedings. The defense has the right to appoint an expert witness to analyze and challenge the conclusions of the prosecution’s experts. The assessment of the victim’s psychological state, the existence of injuries compatible with the accusatory version or the presence of substances in blood can be decisive for the trial outcome.
CONSENT AS A LINE OF DEFENSE
Following LO 10/2022, proving the existence of valid consent is the main line of defense in many cases. This involves reconstructing the context of the relationship, previous and subsequent communications (messages, social networks), the behavior of both parties and any element that allows sustaining that there was a free and conscious agreement. The defense must present a solid alternative account supported by evidence.
FALSE ACCUSATIONS
Experience shows that not all sexual assault complaints correspond to real facts. Sometimes they arise in contexts of relationship breakups, child custody disputes, neighborhood or workplace conflicts, or with the purpose of gaining advantage in another proceeding. The defense analyzes the relational context, the chronology of the complaint and the possible motives that can explain a false or exaggerated accusation.
REVIEW OF CONVICTIONS FOLLOWING LO 10/2022
The entry into force of LO 10/2022 generated an extraordinary process of review of final sentences due to the retroactive application of the more favorable law. Many convicted of crimes that previously had higher sentences were able to obtain sentence reductions or even sentence review. If you have or know of a case with a final conviction prior to this reform, it may be possible to request its review before the sentencing court.

What to do if you are accused of sexual assault?

If you have been accused or investigated for a crime against sexual freedom, follow these basic guidelines:

  • Do not testify without an attorney: you have the right to remain silent. Anything you say without legal assistance can be used against you.

  • Do not contact the complainant: any direct or indirect communication can be interpreted as pressure or threat and worsen your procedural situation.

  • Preserve all evidence: WhatsApp conversations, emails, photos, videos, witnesses who knew about the relationship. Do not delete anything.

  • Contact a trusted criminal defense attorney immediately: the defense must be structured from the first moment, before any procedural action.

What is the difference between sexual assault and rape under the new law?

After LO 10/2022, the distinction is no longer between «abuse» and «assault», but between basic sexual assault and rape. Article 178 CP criminalizes sexual assault without penetration (penalty: 1-4 years). Article 179 CP criminalizes rape, which includes carnal access through vaginal, anal or oral means or the introduction of objects or body parts (penalty: 4-12 years). Rape is, therefore, an aggravated form of sexual assault.

What happens if I am accused of sexual assault? What are the steps in the procedure?

After the complaint is filed, the investigating court opens preliminary proceedings. If the judge considers there is sufficient evidence, you will be summoned as a defendant to give testimony. Subsequently, if the procedure moves forward, a court order to commence oral trial is issued and the case is transferred to the criminal court or Provincial Court. Each phase has its own deadlines and appeals. The intervention of a specialized criminal defense attorney from the beginning is decisive.

How can consent be proven at trial?

Consent cannot be proven in just one way. The defense works with the entire context: conversations before and after the events (WhatsApp, social media), behavior of both parties, witnesses, relationship history, subsequent actions by the complainant that are incompatible with the accusatory version. There is no single standard, and each case requires an individualized evidentiary strategy.

What is the statute of limitations for sexual assault crimes?

The deadlines vary according to the severity of the crime and whether the victim is a minor. For the most serious crimes (rape, aggravated), the general deadline is 10 years from the commission of the acts. When the victim is a minor, the calculation of the statute of limitations does not begin until the minor reaches the age of majority (18 years), which can considerably extend the period during which criminal action can be brought.

Can someone be convicted solely on the victim's testimony?

Yes, the Supreme Court has reiterated that the victim’s testimony may be sufficient to overcome the presumption of innocence, but only if it meets the three jurisprudential requirements: persistence and coherence in the incrimination, intrinsic credibility of the account, and existence of objective peripheral corroborations. The defense exhaustively examines compliance with these requirements to detect any element that may generate reasonable doubt in the court.

Sexual crimes experts in Madrid

Crimes against sexual freedom are among the most serious in the Criminal Code. The penalties are severe, the social stigma is enormous and the procedural consequences —precautionary measures, restraining orders, pretrial detention— can impact your life immediately. That is why defense must be exercised by a criminal defense attorney with specific experience in this area.

Deep knowledge of LO 10/2022

The 2022 reform transformed the regulatory framework of these crimes. A specialized attorney knows in detail the implications of the new law, the case law that has been generated since its entry into force and the defense avenues it has opened.

Courtroom experience and evidentiary strategy

The oral trial in these proceedings is particularly demanding. The defense must know how to challenge expert evidence, effectively interrogate witnesses and construct a coherent alternative narrative before the court. Courtroom experience makes the difference.

Defense from the first moment

Defense strategy begins with the first procedure, not at trial. Every statement, every documentary evidence, every procedural decision can condition the final result. A specialized attorney acts with speed and determination from the beginning of the proceedings.

Technical rigor and presumption of innocence

Every accused person has the right to rigorous technical defense. The presumption of innocence is not a rhetorical device: it is a fundamental right that must be exercised with knowledge, firmness and dedication.

If you are facing an accusation for sexual assault or rape, contact our criminal defense law firm in Madrid. We will evaluate the evidence, analyze the issue of consent and design a tailored defense strategy to protect your presumption of innocence.

Request a consultation with a sexual assault attorney in Madrid

We will study your case and tell you exactly what you are facing.

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OUR BLOG

Specialized articles on crimes against sexual freedom, the reform of LO 10/2022 and Supreme Court jurisprudence.

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