SEXUAL CRIMES
Sex Crimes Lawyer
Sex Crime Defense Lawyer
Esteban Abogados Penalistas
Esteban Abogados Penalistas is a law firm specializing in Sex Crimes in Barcelona. When you face criminal charges, your freedom and reputation are at stake. Given the complexity of the legal issues involved in criminal matters, the assistance of a competent criminal lawyer with the knowledge and skill to defend you correctly is essential to avoid a negative outcome in litigation. Numerous cases of success in the country's courts endorse our trajectory.
Sexual Crimes
Sexual crimes, or crimes against freedom and sexual indemnity, are regulated in the Penal Code, Title XVII, Chapters I to V, articles 178 to 190.
The sex crimes regulated in these chapters are:
- Sexual Assault
- Sexual Abuse
- Sexual Harassment
- Sexual exhibitionism and sexual provocation
- Offenses related to prostitution and corruption of minors.
Sexual Assault
Sexual assault is a sex crime typified in articles 178 to 180 of the penal code. It punishes those who attempt against the sexual freedom of another person using person, using violence or intimidation. It is punishable with imprisonment from one to five years.
The aggravated type of sexual aggression is called rape. It occurs when the attack includes carnal access through the vagina, anus, or mouth or the introduction of objects through any of the first two ways. In this case, the penalty will be from six to twelve years of imprisonment, and if some circumstances aggravate the crime, the penalty can be from twelve to fifteen years in prison.
Statutory Rape
A particular case is when the victim is under 16 years of age, which is the age set by our penal code, below which it is forbidden to perform acts of a sexual nature with a minor. In this case, the penalty would be five to ten years imprisonment.
Sexual Abuse
This sex crime is typified in articles 181 to 183 of the penal code. The difference with sexual assault is that in the latter, violence or intimidation is used, while in sexual abuse, the perpetrator attacks the freedom or sexual indemnity of another person without consent but without using violence or intimidation.
The penalty for this crime is from one to three years or a fine of eighteen to twenty-four months.
If there is carnal access by vaginal, anal, or oral way or introduction of objects by any of the first two ways, the penalty shall be four to ten years of imprisonment.
When the abuse is committed on persons deprived of sense, with a mental disorder which is abused, using drugs or medicines that annul the will and free decision of the person, or the consent has been obtained due to a prevalence, that is to say, to a situation of superiority on the part of the accused, it will be considered non-consensual sexual abuse.
Sexual Harassment
Regulated by Article 184 of the penal code, this sex crime punishes those who take advantage of an employment, teaching, or service provision relationship to request sexual favors from another person in the same environment, causing the victim an objective, humiliating, intimidating, and hostile situation.
The penalty for this crime is three to five months imprisonment or a fine of six to ten months.
Esteban Criminal Lawyers
Accusations of sexual crimes can result in lengthy prison sentences and severe consequences for your family, work, and reputation, even if it is a false accusation. If you have been accused of a sexual crime, hire the best criminal defense attorneys.
Call us, and we will find the right line of defense to achieve the most favorable resolution for your life and interests.
Certificate of sexual offenses (Sex offender registry)
The only valid certificate for working with minors in Spain.
All professionals and volunteers who work in regular contact with minors, according to Spanish regulations, are required to provide a negative certificate from the Sex Offender Registry, which proves that they have not been convicted by a final judgment for any crime against sexual freedom and indemnity, including sexual assault and abuse, sexual harassment, exhibitionism and sexual provocation, prostitution and sexual exploitation and corruption of minors, as well as human trafficking.
It is a free certificate that can be obtained at the electronic headquarters of the Ministry of Justice, identifying oneself using DNI-e or CLAVE in the Citizen Folder service of the Ministry of Territorial Policy and Public Function. It includes a number called a secure verification code that guarantees its integrity.
In the case of minors, the application cannot be made online. It must be made in person, represented by a parent or legal guardian. The original family book, certified photocopy, or document proving the representation must be presented.
The certificate of crimes of sexual nature is not necessary to provide it periodically unless circumstances justify a new request for the same one.
Practice Areas
If you need more information about the sexual crimes cases we handle, you can consult the following articles.
Criminal offences against sexual freedom
Child pornography
Exhibitionism
Rape
Sexual Abuse
Sexual Assault
Sexual Harassment
Success Cases
Sexual Harassment
Result: Dismissal
Court: Magistrate's Court
Accusation: Private Prosecution
Accused: Sexual Harassment
Sexual Abuse
Result: Acquittal
Court: Criminal Court
Accusation: Public and Private Prosecutor's Office
Requested sentence: 4 years of imprisonment for continuous sexual abuse
Sexual Assault - Rape
Result: Dismissal
Court: Criminal Court
Accusation: Private prosecution
Charge: Sexual assault with penetration
Rape
Result: Acquittal
Court: Provincial Court
Accusation: Public and Private Prosecutor's Office
Requested sentence: 11 years of imprisonment for continuous sexual assault.
Possession of Child Pornography
Result: Acquittal
Court: Criminal Court
Accusation: Public Prosecutor's Office
Requested penalty: 2 years imprisonment
Sexual Abuse
Result: Acquittal
Court: Provincial Court
Complainant: Public Prosecutor's Office and private prosecution
Requested sentence: 8 years in prison for sexual abuse with penetration.
Distribution of Child Pornography
Result: Dismissal
Court: Examining Magistrate's Court
Complainant: Police
Accusation: Distribution of Child Pornography
Sexual Harassment
Result: Acquittal
Court: Provincial Court
Prosecution: Public and Private Prosecutor's Office
Requested sentence: 1-year imprisonment for the crime of sexual harassment.
Sexual Abuse of Minors
Result: Dismissal
Court: Court of Instruction
Complainant: Private prosecution
Accusation: Sexual abuse of minors