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 the Provincial Courts.
The offence of sexual assault occurs when any act is carried out that violates another person’s sexual freedom without their consent, in accordance with Article 178 of the Criminal Code.
Since the reform introduced by Organic Law 10/2022, consent is only considered to exist when it has been freely expressed through acts which, taking into account the circumstances of the case, clearly express the person’s will.
The protected legal interest is sexual freedom, understood as the capacity for self-determination in the sexual sphere.
The offence of sexual assault is regulated in Articles 178 to 180 of the Criminal Code, distinguishing between:
– Basic offence
– Aggravated offence
– Mitigated offence
– Rape as an aggravated form
Likewise, when the victim is under 16 years of age, there is an autonomous criminal classification in Articles 181 et seq.
The commission of acts of a sexual nature without consent, where no aggravating circumstances are present, is punishable by a prison sentence of one to four years.
The penalty is increased when the acts are committed:
– With violence or intimidation
– By abusing a situation of superiority or vulnerability
– Against persons who are unconscious or whose will has been nullified
Rape exists when the sexual assault involves vaginal, anal or oral penetration, or the insertion of objects or body parts, with penalties that may reach up to twelve years’ imprisonment, or more in cases of aggravation.
In cases of lesser seriousness and taking into account the personal circumstances of the accused, the court may impose the penalty in its lower half or a fine.
Evidence is one of the most delicate aspects of these proceedings.
The Supreme Court has established that the statement of the complainant may only constitute sufficient incriminating evidence when it meets strict criteria of:
– Subjective credibility
– Internal consistency
– Persistence in the accusation
– Peripheral corroboration
(Supreme Court Judgment 684/2021).
The Barcelona Provincial Court consistently applies this doctrine, and it is common practice to challenge medical and psychological expert reports and to carry out an exhaustive analysis of the evidence presented.
Penalties may include:
– Imprisonment
– Restraining orders
– Supervised release
– Disqualification
– Criminal record
The specific penalty will depend on the applicable criminal classification, the presence of aggravating or mitigating circumstances, and the date on which the acts were committed, in accordance with the principle of application of the most favourable criminal law.
Defence in proceedings for the offence of sexual assault requires highly specialised criminal law intervention from the very first moment.
An effective technical defence is based on:
The managing partner of the firm has been recognised by Best Lawyers 2026, an international legal directory based on peer review among lawyers, which certifies specialisation, professional prestige and proven experience in criminal proceedings of particular complexity.
It is essential to contact a criminal lawyer specialised in sexual assault from the very first moment: arrest, police summons or court appearance. An incorrect initial response may decisively affect the outcome of the proceedings.
Our firm, based in Barcelona, provides specialised criminal defence in sexual assault cases throughout the entire national territory.
Does reporting a sexual assault imply an automatic conviction?
No. The presumption of innocence remains fully in force and the prosecution must prove the facts.
Can the complainant’s statement alone be sufficient for a conviction?
Only if it meets the strict criteria established by the Supreme Court.
Can I refuse to testify before the police or the court?
Yes. This is a fundamental right that should be exercised with legal advice.
Is it possible to obtain dismissal or acquittal?
Yes. A specialised criminal defence may achieve dismissal, discontinuance of proceedings or acquittal.
What penalties does a sexual assault offence carry?
Penalties may include imprisonment, restraining orders, supervised release and a criminal record, depending on the circumstances of the case.
Do you operate only in Barcelona?
No. Although our main office is located in Barcelona, we operate throughout the entire country.
Criminal defence law firm based in Barcelona with nationwide practice. Managing partner recognised by Best Lawyers 2026.
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