Facing Sexual Assault Charges in Spain: Defence Strategy and Consent Law

Sexual offence cases in Spain changed fundamentally with the 2022 Ley Orgánica 10/2022, the “sólo sí es sí” (only yes means yes) law. If you are facing charges of sexual assault (agresión sexual) or related offences, it is critical to understand the current legal framework and to have experienced criminal defence counsel from the outset.

The 2022 Reform: What Changed

Prior to 2022, Spanish law distinguished between sexual abuse (abuso sexual, without violence or intimidation) and sexual assault (agresión sexual, with violence or intimidation). The reform eliminated this distinction. All non-consensual sexual acts are now classified as agresión sexual. The defining factor is the absence of free, explicit, ongoing consent. Consent must be affirmatively expressed. The absence of resistance does not equal consent. This has significantly expanded the scope of criminal liability and created new challenges for defence teams.

Potential Sentences

Basic sexual assault carries 1–4 years; penetrative assault carries 4–12 years. Aggravating factors including use of violence, intimidation, victim vulnerability, or abuse of a position of trust increase these ranges substantially. When the victim is under 16, harsher penalties apply under agresión sexual a menor.

Building a Defence in a Sexual Offence Case

These cases are often highly contested on the facts. A robust defence requires careful analysis of the evidence: medical reports, digital communications, witness testimony, and the credibility assessment of all parties. RINBER’s strategy focuses on establishing the full context of the relationship and the encounter, challenging inconsistencies in the complainant’s account, examining forensic evidence for exculpatory findings, and ensuring procedural rights were respected throughout the investigation.

Contact RINBER for Urgent Advice

Sexual assault charges require the most experienced criminal defence available. RINBER Abogados Penalistas defends these cases across Spain. Call us 24 hours: +34 627 467 043.