Assault and Sexual Assault Charges in Spain: Defences Explained

Being charged with assault or sexual assault in Spain is one of the most serious situations a person can face. The legal consequences are severe and the proceedings are complex. Understanding how Spanish law applies to these offences — and what a robust defence looks like — is the first step.

How Spanish law defines assault and sexual assault

Spanish criminal law distinguishes between two main categories:

• Assault (agresion): any attack against a person’s physical integrity using violence or intimidation, covered under Articles 147-156 of the Criminal Code.
• Sexual assault (agresion sexual): since the 2022 reform (the so-called ‘only yes means yes’ law), any sexual act performed without consent is classified as sexual assault under Article 178 CP, regardless of whether violence or intimidation was used. The former category of ‘sexual abuse’ was eliminated and merged into sexual assault.

Sentences for sexual assault in Spain

Under the reformed Article 179 CP:

• Basic sexual assault: 1 to 4 years in prison
• Penetrative sexual assault (previously called rape): 4 to 12 years
• Aggravated circumstances (victim under 16, multiple perpetrators, use of weapons, special vulnerability): 7 to 15 years

Additional penalties include restraining orders, loss of parental rights, and mandatory registration in the sex offenders registry.

Key defences in sexual assault cases in Spain

Being charged with sexual assault does not mean conviction is inevitable. Robust criminal defence in these cases typically focuses on:

• Consent: establishing that the sexual contact was consensual. Under the 2022 reform, consent must be affirmative and ongoing — the defence must demonstrate that consent was freely and actively given.
• Credibility of the accusation: analysing inconsistencies in the complainant’s account across different statements (police, court, psychological assessment).
• Lack of evidence: many cases rely almost entirely on the complainant’s testimony. The defence can challenge whether a single witness’s evidence meets the standard of proof beyond reasonable doubt.
• False accusation: in cases arising from relationship breakdowns or custody disputes, demonstrating a motive for a false accusation is relevant.
• Expert psychological and forensic reports: independent psychological assessment of both parties and forensic analysis of any physical evidence.

Why you need a specialist from the first moment

Sexual assault and assault cases are among the most technically demanding in criminal law. Evidence is gathered immediately after the alleged offence — forensic traces, medical reports, digital communications — and the defendant’s initial statement to police can define the entire case. Contacting a specialist criminal defence lawyer before making any statement is essential.

RINBER Abogados has extensive experience defending clients charged with assault and sexual offences in Spain. We provide English-speaking legal assistance 24 hours a day: +34 627 467 043.