The recent Netflix series Alberto Genovese: From Visionary to Convict chronicles the downfall of the Neapolitan entrepreneur, founder of several successful startups, after being accused by multiple women of drugging and sexually assaulting them in his luxury penthouse in Milan, known as Terrazza Sentimento. The victims reported that after consuming drinks at these private parties, they lost consciousness and, upon awakening, showed clear signs of having suffered abuse. The videos found on Genovese’s devices were decisive in the judicial proceedings.
This case has brought to light a phenomenon that is also deeply concerning in Spain: sexual assaults committed through chemical submission, that is, when the victim’s will is nullified with drugs or chemical substances. In the last year alone, more than 1,500 investigations related to sexual crimes have been opened in our country, many of them linked to the use of substances to leave the victim defenseless. For someone who finds themselves accused of such acts, the legal, social and personal consequences are enormous. Therefore, having a criminal defense specialized in <[/et_pb_text]
Do you want to know what to do if you have been accused of sexual assault?
How is sexual assault with chemical submission punished in Spain?
In the Spanish legal system, a sexual assault does not necessarily require physical violence. It is sufficient that the victim’s sexual freedom is violated without their consent. And if that consent does not exist because it has been nullified through drugs or narcotics, we are dealing with a clear case of sexual assault with chemical submission, classified as aggravated sexual assault.
Since the reform introduced by Organic Law 10/2022, consent has become the central focus. Article 178.1 of the Criminal Code is categorical:
«Consent shall only be understood to exist when it has been freely manifested through acts that, given the circumstances of the case, clearly express the person’s will.»
This means that a person who is drugged, unconscious, or in a state where their will is nullified cannot consent. Therefore, any sexual act committed in that context is considered sexual assault, even if there are no blows, threats, or screaming.
When there is abuse of vulnerability
Article 178.2 itself expressly addresses cases of sexual assault with chemical submission.
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What penalty would a rape with chemical submission carry in Spain?
If Alberto Genovese’s actions had occurred in Spain, the sexual assault committed while the victim was drugged and unconscious for more than 24 hours would be considered aggravated rape, which is the most serious form of this crime in our Criminal Code.
Legal basis for aggravated rape
When there is penetration, the crime falls under article 179 CP. And when, in addition, the circumstances of article 180 CP are present, the penalty is increased.
Article 180 establishes that rape (art. 179) is punished with:
- 7 to 15 years when there is one aggravating circumstance (art. 180.1).
- 12 to 15 years when there are two or more aggravating circumstances (art. 180.2).
What aggravating circumstances apply in a case like Genovese’s?
At Terrazza Sentimento there were, at minimum, two clear aggravating circumstances :
Chemical submission (art. 180.1.7ª)
- The victim’s will was nullified by administering drugs to her.
- This fits exactly within the aggravating circumstance provided by law.
Especially degrading treatment (art. 180.1.2ª)
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.