Offences Against Sexual Freedom
Reconocido como uno de los mejores abogados penalistas 2026
Joaquín Sugrañes ha sido incluido por el prestigioso directorio Best Lawyers entre los mejores penalistas de España
As a law firm specializing in sexual assault crimes in Barcelona, it is essential that, from the moment you may find yourself immersed in a problem related to this crime, you consult with an attorney experienced in sexual assault crimes. Thus, from the first meeting, the strategy to be followed throughout the proceedings will be designed to achieve the best possible outcome, whether you are acting as a private prosecutor or defending someone who has been accused, investigated, or charged with a crime of sexual assault.
Joaquín Sugrañes is considered one of the best criminal lawyers in Barcelona and has a team of professionals specializing in sexual crimes. Their goal, as expert sexual crimes lawyers, is to provide the best criminal defense to all their clients.
In this regard, we represent those under investigation and/or accused of such crimes, defending them with the utmost dedication and commitment.
We also act as private prosecutors for victims of sexual offenses.
The firm is made up of a group of professionals specializing in sexual abuse and sexual assault crimes. As lawyers specializing in sexual abuse and sexual assault crimes in Barcelona, we act both in the prosecution and defense of sexual abuse crimes. Although our firm is located in Barcelona, we also practice throughout Spain, defending and prosecuting sexual offenses.
The crime of sexual abuse is regulated in Articles 181 and 182 of the Penal Code, within Title VIII, which covers crimes against sexual freedom and integrity. This type of crime protects the right of every person to freely decide about their sexual life, free from interference or non-consensual conduct.
As attorneys specializing in sexual abuse in Barcelona, it is essential to note that this crime occurs when there is an attack on the victim’s sexual freedom, in situations where there is no valid consent on the part of the victim.
One of the key differences from the crime of sexual assault lies in the absence of violence or intimidation. That is, sexual abuse occurs without physical coercion or threats. If such elements existed, the act would be classified as sexual assault.
Case law has determined that the protected legal right is the exclusive and non-transferable right of every person to decide whether or not to participate in a sexual act. This is reflected, for example, in Supreme Court Ruling 820/2002, of May 8, which states that what is protected is a person’s capacity to accept or reject any type of sexual contact.
Currently, our Criminal Code offers a definition of what constitutes consent in the context of sexual offenses, although this is an extremely broad definition or concept, requiring the advice of Barcelona sexual offense lawyers.
Specifically, Article 178.1 of the Criminal Code provides that “consent shall only be deemed to exist when it has been freely expressed through acts that, given the circumstances of the case, clearly express the person’s will.”
In this regard, it should be noted that these are crimes that, according to our Supreme Court, are usually committed secretly or privately, and, in any case, out of the sight of third parties. This means that the victim’s statement plays a crucial role in deciding whether to convict or acquit the accused.
For this reason, it is absolutely necessary to hire a lawyer specializing in sexual crimes from the moment you become aware of a complaint for any sexual crime (sexual harassment, sexual assault of minors under 16, sexual assault, rape, sexual provocation, sexual exploitation, etc.).
As a criminal lawyer specializing in sexual crimes, we can affirm that, in all cases, acts carried out using violence, intimidation or abuse of a position of superiority or vulnerability of the victim will be considered sexual assault, as well as those carried out on people who are unconscious or whose mental state is being abused, and those carried out when the victim’s will is clouded for any reason.
We are a sexual abuse law firm in Barcelona. Our extensive experience in prosecuting and defending sexual crimes has allowed us to achieve significant results favorable to our clients in sexual offense cases. In this regard, you can consult some of our most recent successful cases involving sexual assault and sexual abuse.
As attorneys specializing in sexual abuse in Barcelona, it’s worth remembering that such crimes were previously regulated in Articles 181 and 182 of the Penal Code, under the section on crimes against sexual freedom. However, following the reform of the “Yes Means Yes” Law, the crime of sexual abuse has been eliminated from the Penal Code, and any attack on a person’s sexual freedom is considered a crime of sexual assault.
The Spanish Penal Code punishes sexual offenses in Articles 178 et seq. With the entry into force of the Comprehensive Guarantee of Sexual Freedom Law ( Only Yes Is Yes Law ), any violation of sexual freedom is considered a crime of sexual assault. Specifically:
When sexual assault involves vaginal, anal, or oral sexual intercourse, or the insertion of bodily members or objects by any of the first two routes, the perpetrator shall be punished as a rape offender with a prison sentence of four to 12 years.
And if the attack was committed through violence or intimidation, or if the victim’s will was overridden for any reason, the prison sentence would be 6 to 12 years.
It’s best to hire a criminal lawyer as soon as you’re arrested or become aware of a crime. This allows you to design a sound defense or prosecution strategy from the outset to achieve the best possible outcome in the relevant criminal proceedings.
In the best-case scenario, the sentence is between one and four years. This can lead to imprisonment. In aggravated cases, the sentence can reach 15 years in prison. Therefore, it is extremely important to hire a criminal defense attorney for sexual offenses to design the best defense strategy and achieve the best possible outcome.
From the moment you are notified of your arrest or summons to appear as a defendant for a sexual offense, you should contact attorneys specializing in sexual offenses. Sexual offenses require specialization and exclusive dedication, so relying on attorneys specializing in sexual assault or sexual abuse offenses is essential to defending your interests throughout the entire process and avoiding imprisonment.
The burden of proof—that is, proving that you sexually assaulted another person—falls on the prosecution. You don’t have to prove a negative fact. However, as an experienced sex crimes attorney, it’s essential to analyze the accuser’s statement, as well as all communications before and after the complaint, any potential witnesses to whom the accuser may have referred the incident, etc.
Ultimately, a sex crimes attorney must thoroughly study the case to find a way to undermine the complainant’s credibility and evidentiary reliability and thus obtain an acquittal that prevents the accused from going to prison.
The cost of defense services in cases involving sexual offenses will depend on the specific type of crime being defended or prosecuted. However, prior to hiring the client, as attorneys specializing in sexual offenses, we provide clients with a fee proposal and installment payment options, striving to adapt to their financial situation in order to provide excellent criminal defense for sexual offenses.
From the outset, convinced of our client’s innocence , we requested the necessary investigative evidence, which revealed the lack of truth in the complainant’s story. Following this, we requested, in writing, the dismissal of the proceedings and obtained the closing of the case, thus avoiding our client’s submission to oral trial.
The Public Prosecutor’s Office filed a complaint against our client for alleged sexual abuse of a particularly vulnerable person, after which the investigation phase began, during which all necessary evidence was collected to clarify the facts. Specifically, in order to prove his innocence, we carefully prepared the client’s court statement and also proposed exculpatory evidence […]
After two years in provisional prison, on the recommendation of a third party who had already used our services
At our firm, specializing in sexual assault and criminal defense in Barcelona, we obtained an acquittal for a client who was wrongfully accused of sexual assault. On the recommendation of a third party, in this specific case, the client came to us because of a reference as one of the best sexual assault law firms […]
Requesting sexual favors, for oneself or a third party, in the context of an employment, teaching, or service relationship, whether ongoing or habitual, is punishable if it causes the victim an objectively and seriously intimidating, hostile, or humiliating situation.
Maximum specialization in crimes of sexual assault against minors under 16 years of age.
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The offence of sexual assault constitutes one of the most serious crimes against sexual freedom and is characterised by a high level of legal and evidentiary complexity. Its regulation has undergone significant reforms in recent years, which requires up-to-date technical knowledge of both the Criminal Code and the case law of the Supreme Court and […]
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