Sexual Offences Defence in Spain

Reviewed by Javier Rincón Bernal, member of the Málaga Bar (ICAMálaga) since 1999. Last updated 12 October 2026.

If you are accused of a sexual offence in Spain, the charge will be brought under Articles 178 to 184 of the Spanish Criminal Code, with prison terms from 1 to 4 years for a basic sexual assault and from 4 to 12 years for rape, and higher with aggravating factors. Do not give a statement to the police before speaking to a criminal lawyer.

Last updated: 12 October 2026. Penalties checked against the current consolidated text of the Spanish Criminal Code published in the BOE (Spain’s Official Gazette).

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 and 2023 Reforms: 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.

In April 2023, Organic Law 4/2023 amended the reform again. Consent is still the central element, but the law now distinguishes once more between assaults committed with violence or intimidation (or against a victim whose will is nullified) and those without, and punishes the former more severely (Articles 178.3 and 179.2).

These reforms have 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 an older legal framework, it is essential that you receive updated advice: the version of the law that applies, and which version is more favourable to you, can change the sentence.

Offences and Penalties Under Current Spanish Law

If two or more of the Article 180 aggravating circumstances apply, the sentence is imposed in the upper half of the range. Cases punishable by more than five years are tried by the Audiencia Provincial (provincial court); lesser ones by a Juzgado de lo Penal (criminal court).

What Constitutes Consent Under Spanish Law?

Article 178.1 states that there is consent only when it has been freely expressed through acts that, in the circumstances of the case, clearly show the person’s wishes. Consent does not have to be verbal, but silence or a lack of resistance is not enough on its own.

In practice, this means that a defendant cannot simply argue that the complainant ‘did not say no’. 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.

Questions We Are Often Asked

Can I leave Spain while a sexual offence case is open?

Only if the court allows it. Investigating judges often order the surrender of the passport, regular appearances at court or a ban on leaving the country. If you leave without permission, the court can issue an arrest warrant, including a European Arrest Warrant.

Will I get an interpreter?

Yes. Anyone arrested or investigated in Spain who does not speak Spanish has the right to a free interpreter at the police station and in court, and to be told in a language they understand what they are accused of. Working with a lawyer who speaks English avoids misunderstandings in the details that matter.

Does the 2023 reform apply to events before April 2023?

Spanish courts apply the law in force when the events happened unless a later law is more favourable to the accused. For events between October 2022 and April 2023, or earlier, your lawyer must compare the versions of the Code to see which gives the lower sentence.

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

Related Legal Guides

• Sexual Offences Law in Spain: A Guide for Defendants
• Sexual Assault Charges: Defence & Consent Law

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.

01

Call us

Call +34 627 467 042. Available 24 hours, English-speaking. We answer immediately.

02

We arrive

We attend the police station or court of instruction before any statement is taken.

03

We defend

We activate the defence strategy from the first second of the detention.

Related guides: Under Investigation for Child Pornography in Spain · Assault and Sexual Assault Charges in Spain