Written by Javier Rincón Bernal & Manuel Rincón Bernal — Criminal Defence Lawyers · RINBER (25 years of practice)
Sexual offence cases in Spain are among the most serious criminal proceedings a person can face. Since the reform introduced by Organic Law 10/2022 (the “Yes Means Yes” law) and its subsequent amendment under LO 4/2023, the legal framework has changed significantly. Understanding what the law says — and how to defend against an accusation — requires specialist expertise.
What Changed with the “Yes Means Yes” Law?
Prior to LO 10/2022, Spanish law distinguished between sexual abuse (abuso sexual) and sexual assault (agresión sexual). The 2022 reform eliminated this distinction. All non-consensual sexual acts are now classified as agresión sexual, with consent as the central legal concept. LO 4/2023 made further adjustments to sentencing after some initial controversies with the original reform.
Sentences for Sexual Offences in Spain
- Sexual assault without penetration: 1 to 4 years.
- Sexual assault with penetration (rape): 4 to 12 years.
- Aggravating circumstances (victim under 16, use of violence, multiple perpetrators): up to 15 years.
Arrested or under investigation?Speak to a criminal lawyer now. Free first consultation.
Key Defence Principles
- The prosecution must prove absence of consent beyond reasonable doubt.
- Inconsistencies in the complainant’s testimony are legally significant and can be challenged.
- Forensic and psychological reports can be countered with defence experts.
- Previous communications, messages and digital evidence are often decisive.
Why You Need a Specialist
Javier Rincón Bernal is one of Spain’s leading defence lawyers in sexual offence cases, with documented acquittals before the Audiencia Provincial and experience before the Supreme Court. RINBER intervenes from the moment of arrest.
Javier Rincón Bernal
Over 25 years of criminal defence. High-profile cases covered by TVE, Antena 3 and La Sexta, and appeals before the Supreme Court.
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