Rape (with penetration): from 4 to 12 years
Lawyer specialised in sexual assault in Madrid
If you have to face a complaint for sexual assault in Madrid, you need a specialised, immediate and strategic criminal defence. Offences against sexual freedom are among the most serious in the Criminal Code and can carry high prison sentences, a criminal record and a strong reputational impact.
At Granda Abogados we have extensive experience in defence and prosecution in proceedings for sexual offences in Madrid, intervening from the very first moment to protect your rights
30+
years of practice15
Years of practice insexual offence cases
14
Criminal areas0
FoundationDefinition · LO 10/2022
What is considered sexual assault?
After the reform of Organic Law 10/2022, consent is the core of offences against sexual freedom. Currently, any act of a sexual nature without consent can be considered sexual assault.
The most frequent offences include:
- Sexual offences in the digital sphere
- Sexual assault with or without penetration
- Rape
- Sexual assault on minors
- Sexual harassment
- Indecent exposure
Each case requires a detailed technical analysis of evidence, statements and context.
Sentencing framework
Penalties for sexual assault in
Madrid
Penalties vary according to the seriousness of the offence.
1 — 4 years
Penalties vary according to the seriousness of the offence.
4 — 12 years
Higher
Aggravated cases: higher penalties
Sexual offences against minors: higher penalties and special limitation periods
In addition to imprisonment, the following may be imposed:
Restraining order
Supervised release
Professional disqualification
Registration in the Register of Sexual Offenders
That is why it is essential to rely from the outset on a criminal lawyer in Madrid specialised in sexual assault.
Immediate action
Have you been reported for sexual assault in Madrid?
If you have been arrested, summoned as a person under investigation or formally charged:
01
Do not make statements without a lawyer.
02
Do not keep in contact with the complainant.
03
Immediately contact an expert criminal lawyer.
In these proceedings, the evidence is usually based on:
- Statements by the alleged victim
- Medical and psychological reports
- Digital evidence (messages, social media)
- Witnesses
An appropriate defence strategy can challenge contradictions, analyse the credibility of the testimony and protect the presumption of innocence.
Why Granda
Why choose us as your
sexual assault lawyer in Madrid
- Exclusive specialisation in Criminal Law
- Experience in offences against sexual freedom
- Strategic and personalised defence
- Maximum confidentiality
- Urgent intervention at the police station and court
Technical defence
Criminal lawyer in Madrid
for sexual offences
Nuria Granda Moreno
Head of the firm
Sexual assault proceedings are technically complex and socially sensitive. An improvised defence can affect the entire process.
At Granda Abogados we analyse every detail of the case to offer you a solid legal strategy, whether at the investigation stage, at trial or on appeal. Immediate confidential consultation.
What percentage of sexual assault
complaints are false?
Less than 0.1%
As we explained earlier and based on our long experience of over 30 years, they are far more common than people say. According to data from the General Council of the Judiciary, false complaints account for less than 0.1% of recorded cases. They do exist in any case, but they are exceptions and not the rule. However, their media impact often creates a mistaken perception of how frequent they are.
Criminal Code
Legislation on sexual assault
178
1 — 4 years
In Article 178 of the Criminal Code, anyone who carries out any act that infringes the sexual freedom of another person without their consent is punished (with a prison sentence of 1 to 4 years) as being responsible for sexual assault. It was of great importance in LO 10/2022 to determine what is understood as consent, establishing in the same article of the Criminal Code that consent shall only be deemed to exist when it has been freely expressed through acts which, in view of the circumstances of the case, clearly express the person's will.
Subsections 2 and 3 of this article present a qualified form of sexual assault in the following literal terms: "acts of a sexual nature carried out using violence, intimidation, a situation of superiority or vulnerability of the victim shall in all cases be considered sexual assault, as well as those carried out on persons who are unconscious or whose mental state is abused, and those carried out when the victim has, for any reason, their will annulled", cases in which the associated penalty is 1 to 5 years in prison.
179
4 — 12 years
The Article 179 of the same legal text, covers sexual assaults commonly known as rape, as follows: "When the sexual assault consists of carnal access by vaginal, anal or oral means, or the introduction of body parts or objects by either of the first two means, the offender shall be punished as guilty of rape with a prison sentence of 4 to 12 years".
Subsection 2 establishes a qualified form of rape when violence or intimidation is used or when the victim has, for any reason, their will annulled, imposing a prison sentence of 6 to 12 years. Organic Law 10/2022.
Collaboration with the media
«El Mundo» investigation
Nuria Granda is shown collaborating with a journalist from «El Mundo», helping with an investigation into an alleged sexual assault offence in the healthcare sector. At Granda & Asociados we always collaborate with the TV channels and newspapers that request it.
Article 180 · Criminal Code
What are the aggravated forms?
Article 180 establishes a series of circumstances that aggravate the penalties for sexual assault in its basic form from 2 to 8 years of imprisonment, those for sexual assault in its qualified form from 10 to 15 years of imprisonment, those for rape in its basic form from 7 to 15 years of imprisonment and those for rape in its qualified form from 12 to 15 years of imprisonment.
These circumstances are:
– That the acts are committed through the joint action of two or more persons.
– That the sexual assault is preceded or accompanied by violence of extreme severity or by acts of a particularly degrading or humiliating nature.
– When the acts are committed against a person who is in a situation of particular vulnerability due to age, illness, disability or any other circumstance, except as provided in Article 181.
– When the victim is or has been the spouse or a woman linked, or who has been linked, by an analogous emotional relationship, even without cohabitation.
– When, for the commission of the offence, the perpetrator has taken advantage of a situation or relationship of cohabitation or kinship, or a relationship of superiority over the victim
– When the perpetrator uses weapons or other equally dangerous means capable of causing death or one of the injuries provided for in Articles 149 and 150 of this Code, without prejudice to the provisions of Article 194 bis.
– When, for the commission of these acts, the perpetrator has annulled the will of the victim by administering drugs, narcotics or any other natural or chemical substance suitable for that purpose.
If, in addition, two or more of the circumstances mentioned above concur, these penalties shall be applied in their upper half. Moreover, in subsection 3 of this same article, when the alleged offender has taken advantage of their status as an authority, agent thereof or public official, the penalty of absolute disqualification from 6 to 12 years shall also be applied.
Article 178.4 · Criminal Code
What are the mitigated forms?
What does this mean? That perhaps the former sexual abuse offences would fall here. For example, all acts without consent, kisses and touching of intimate areas.
Article 178 of the Criminal Code, in its subsection 4, allows the prison sentence to be applied in its lower half or a fine of 18 to 24 months, in view of the lesser seriousness of the act and the personal circumstances of the alleged offender, provided that the court justifies it in the judgment and in cases where the acts do not fall within the aggravated forms.
Frequently asked questions about
sexual assault and abuse in Madrid
When is it considered sexual assault in Spain?
Any act of a sexual nature carried out without the express consent of the other person is considered sexual assault. After the legal reform, there is no need for violence or intimidation: it is enough that there is no valid consent. If there is penetration, the offence is considered rape.
What penalty does sexual assault carry in Madrid?
The penalty depends on the seriousness of the case. Basic sexual assault can be punished with imprisonment of 1 to 4 years. If there is penetration, the penalty can range from 4 to 12 years. In aggravated cases (minors, violence, group action), the penalties can be higher.
What should I do if I am reported for sexual assault?
You must immediately contact a specialised criminal lawyer and not make statements without legal assistance. It is essential not to discuss the case with third parties or try to contact the complainant. An early strategy can be decisive in the outcome of the proceedings.
Can a complaint for sexual assault be withdrawn?
In offences against sexual freedom, even if the victim withdraws the complaint, the proceedings may continue if the Public Prosecutor considers that there is sufficient evidence. Withdrawal does not always mean the case is dismissed.
How long does a sexual assault trial take in Madrid?
It depends on the complexity of the case and the court's workload. The investigation stage can last several months and even more than a year in complex proceedings. After that, a date is set for the oral trial.
What happens if the complaint is false?
If it is proven that the accusation is false, proceedings for false reporting or slander may be initiated. However, it must be proven that the complainant acted with knowledge of the falsehood.
Do sexual assault offences become time-barred?
Yes, but the time limit depends on the penalty provided. In serious sexual offences the limit can be 10, 15 or even 20 years. In cases involving minors, the period begins to run when the victim reaches a certain age.
News
Current case.- Confilegal put the case of the “RUBIALES KISS” to the head
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