Sexual Offences Defence in Spain
Specialist defence in sexual-offence prosecutions under the "Ley del Solo Sí es Sí" (LO 10/2022) and current Penal Code. Confidential, English-speaking representation.
Facing a charge of a sexual offence in Spain is one of the most serious and sensitive legal situations a person can encounter. A conviction can result in a lengthy prison sentence, a permanent criminal record, and lifelong consequences for your personal and professional life.
RINBER Abogados provides discreet, experienced criminal defence for English-speaking clients facing charges of sexual assault, sexual harassment, and related offences under Spanish law. We also represent victims of sexual offences who wish to pursue a private prosecution.
Accused of a sexual offence? Call us immediately: +34 627 467 042 (24 hours)
The 2022 Reform: What Changed and Why It Matters
Spanish sexual offences law was fundamentally reformed by Organic Law 10/2022, commonly known as the ‘solo sí es sí’ law (only yes means yes). This law, which came into force in October 2022, abolished the previous distinction between sexual abuse (abuso sexual, Article 181 CP) and sexual assault (agresión sexual, Article 178 CP).
Under the current law, all non-consensual sexual acts are classified as agresión sexual (sexual assault), regardless of whether violence or intimidation was used. The key element is the absence of free and genuine consent.
This reform has had significant practical implications. If you are facing charges based on conduct that occurred before October 2022, or if your lawyer has advised you based on the old legal framework, it is essential that you receive updated legal advice.
Offences and Penalties Under Current Spanish Law
| Offence | Sentence Range |
| Sexual assault without penetration (Art. 178 CP) | 1 to 4 years imprisonment |
| Sexual assault — basic penetration (Art. 179 CP) | 4 to 12 years imprisonment |
| Sexual assault with aggravating circumstances | 7 to 15 years (or higher with multiple circumstances) |
| Sexual assault against a minor under 16 (Art. 181 CP) | 6 to 15 years or more depending on circumstances |
| Sexual coercion / harassment (Art. 184 CP) | 3 to 5 months (minor) or higher with coercion |
Aggravating circumstances include: use of violence or intimidation, vulnerability of the victim, acting as part of a group, use of substances to nullify the victim’s will, and breach of trust.
What Constitutes Consent Under Spanish Law?
Under the 2022 reform, consent must be explicit, free, and genuine. The absence of resistance does not imply consent. The law requires that both parties actively demonstrate their agreement at each stage of the interaction.
In practice, this means that a defendant cannot argue that the victim ‘did not say no’ as a defence. The prosecution will seek to show that consent was absent; the defence must address this directly with evidence of the context, the nature of the interaction, and any communications before, during, or after the event.
Defending a Sexual Offence Charge in Spain
Being accused of a sexual offence does not mean you will be convicted. False accusations exist, context matters enormously, and the legal elements of each offence must be proved by the prosecution beyond reasonable doubt.
Our defence strategy in sexual offence cases typically involves one or more of the following:
- Challenging the credibility of the complainant’s account — inconsistencies, contradictions, motive to lie
- Establishing that the relevant conduct did not take place
- Establishing that genuine consent was present based on the totality of communications and context
- Challenging forensic evidence — the collection process, the chain of custody, the interpretation of medical reports
- Challenging digital evidence — the extraction, analysis, and interpretation of phone data and social media
- Presenting character evidence and witness evidence supporting the defendant
- In appropriate cases, negotiating with the prosecutor for a conformidad that avoids the worst outcome
The Importance of Acting Immediately
In sexual offence cases, the first hours and days after an accusation are critical. Evidence — digital, forensic, and witness — can disappear quickly. Your account of events needs to be documented clearly and consistently from the earliest possible stage.
Do not make any statement to the police without a criminal lawyer present. Do not contact the complainant or attempt to discuss the matter with third parties. Do not post anything on social media. Contact a criminal lawyer immediately.
We Also Represent Victims
If you are the victim of a sexual offence in Spain, you have the right to be represented by your own lawyer as acusación particular (private prosecutor). This means you can instruct a lawyer to actively participate in the criminal proceedings — examining witnesses, presenting evidence, and arguing for the sentence — independently of the Public Prosecutor.
Many victims do not know this right exists. You are not simply a witness in the case — you can be a full legal party. Our lawyers have represented victims of sexual offences in proceedings at all levels of the Spanish courts.
Discretion and Client Support
We understand that sexual offence cases — whether you are the accused or the victim — involve an exceptionally high degree of personal sensitivity. Every member of our team is committed to complete discretion. We communicate with you in English, explain every step of the process clearly, and are available whenever you need us.
Call us: +34 627 467 042 | lawyer@rinberabogados.com | Free, confidential first consultation
English-speaking defence from the first minute of arrest
Arrest does not wait. Do not make any statement to the police without your lawyer. Call us first.
Call +34 627 467 042. Available 24 hours, English-speaking. We answer immediately.
We attend the police station or court of instruction before any statement is taken.
We activate the defence strategy from the first second of the detention.
Contact RINBER Abogados
First consultation free and protected by legal privilege. Tell us about your case and we will respond today.
Reconocimientos editoriales
★ Ganadores del Premio Editorial Información Legal 2026
Ganador Editorial 2026
Javier Rincón Bernal
Abogado Penalista — Socio Director
📍 Málaga, Granada, Madrid, Sevilla, Córdoba
⚖️ Narcotráfico · Agresión Sexual · Homicidio
Ver reconocimiento en Información Legal →Ganador Editorial 2026
Manuel Rincón Bernal
Abogado Penalista — Especialista en Extradición
📍 Málaga, Granada, Madrid, Marbella, Murcia
⚖️ Extradición · Blanqueo de Capitales · Narcotráfico
Ver reconocimiento en Información Legal →Speak to an English-Speaking Criminal Lawyer Now
Call Javier Rincón Bernal directly. Free initial consultation. Available 24 hours a day for criminal emergencies in Spain.
English spoken. Calls answered in English by Javier Rincón Bernal.