What Is and Isn’t Considered Sexual Assault in Spain
How is sexual assault defined under Spanish law?
Sexual assault in Spain includes any sexual act carried out without the other person’s clear and willing consent.
Prison Sentences for Sexual Assault in Spain
The Spanish Criminal Code sets out the following sentences:
| Offence Type | Prison Term |
|---|---|
| Non-penetrative acts, no violence or intimidation | 1 to 4 years |
| Non-penetrative acts with violence or intimidation | 1 to 5 years |
| Penetration (rape), no violence or intimidation | 4 to 12 years |
| Penetration with violence or intimidation | 6 to 12 years |
| Aggravating circumstances (use of weapons, group attack, vulnerable victim, minors, etc.) | Up to 15 years or more |
Additional restrictions may apply, such as restraining orders, communication bans, or being added to the criminal record database.
What Happens After a Sexual Assault Allegation?
What are the first steps after someone files a complaint?
A police investigation is launched. You may be arrested or summoned to give a statement. The court opens a case and gathers evidence.
Will I definitely be arrested?
Not necessarily. It depends on the seriousness of the accusation, available evidence, and whether there’s a risk of fleeing or reoffending. Sometimes you’re just formally named as a suspect.
What does it mean to be “under investigation”?
It doesn’t mean you’re guilty. It’s the preliminary stage where a judge examines whether there’s enough evidence to proceed with a formal charge.
What is pre-trial detention?
This is a precautionary measure. You may be remanded in custody to prevent flight, protect the victim, or avoid tampering with evidence. In serious cases, prosecutors often request it, but only a judge can approve it.
Can the case be dropped if the victim withdraws the complaint?
No. Sexual assault is classed as a public offence in Spain, which means the state can continue with prosecution even if the victim no longer wishes to proceed.
How long does the process take?
Cases often last over a year, and more complex trials may take several years to conclude.
Evidence in Sexual Assault Cases
What types of evidence are usually involved?
- Statements from the accused and the complainant
- Medical and psychological reports
- DNA and forensic evidence
- Witness testimony, messages, audio recordings
- Post-incident behaviour of both parties
How important is the victim’s statement?
According to Spain’s Supreme Court, a conviction can be based solely on the victim’s testimony—if three key conditions are met:
- Consistency: the account remains stable and coherent throughout
- No apparent motive for lying: no evidence of revenge, conflict or bias
- Plausibility: the story makes sense and is supported by external factors
The defence will aim to challenge whether these conditions are truly met in your case.
What if there’s no physical evidence or witnesses?
That’s common in these cases. The outcome often hinges on credibility—how convincing the judge finds each version of events.
What role do drugs or alcohol play?
- If the accused was under the influence, it does not excuse the act, but may be considered a mitigating factor in some situations.
- If the victim was intoxicated, the law assumes they were unable to give valid consent.
Conclusion: Why You Need a Specialised Criminal Defence
These are highly sensitive and complex legal matters. The outcome will largely depend on how well the evidence is handled. You need a strategic, specialised defence from the outset.
📞 Need Urgent Legal Support?
I’m Miriam Rosales, a criminal defence solicitor with experience across Spain.
I handle urgent cases nationwide and offer 24/7 availability.
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