Where is it regulated in the Penal Code?

The current Penal Code contains different articles regulating crimes against sexual freedom.

Sexual Assault

Article 178 Penal Code "Whoever attempts against the sexual freedom of another person, using violence or intimidation, shall be punished as responsible for sexual assault with a prison sentence of one to five years".

Article 179 Penal Code "When the sexual assault consists of carnal access by vaginal, anal or oral means, or the introduction of bodily members or objects by either of the first two means, the perpetrator shall be punished as a rape offender with a prison sentence of six to 12 years."

If you have been the victim of a crime of sexual assault, you should know that you can initiate the claim of your rights by means of a complaint, assisted by a criminal lawyer, who will defend your rights.

If you are denounced for a crime of sexual assault, we will also be able to advise and assist you.

The criminal lawyers of G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in the resolution of any problem that may arise from crimes of sexual assault (rape).

Sexual Abuse

Article 181 Penal Code

1. Anyone who, without violence or intimidation and without consent, performs acts that infringe the sexual freedom or indemnity of another person shall be punished, as the perpetrator of sexual abuse, with a prison sentence of one to three years or a fine of eighteen to twenty-four months.
2. For the purposes of the previous paragraph, non-consensual sexual abuse is considered to be that which is committed on persons who are sensory deprived or whose mental disorder is abused, as well as that which is committed by overriding the will of the victim through the use of drugs, medicines or any other natural or chemical substance suitable for this purpose.
3. The same penalty shall be imposed when consent is obtained by the perpetrator taking advantage of a situation of manifest superiority that restricts the victim's freedom.
4. In all the above cases, when the sexual abuse consists of carnal access by vaginal, anal or oral means, or the introduction of bodily members or objects by either of the first two means, the perpetrator shall be punished with a prison sentence of between four and ten years.
5. The penalties set out in this article shall be imposed in their upper half if circumstance 3 or 4 of those provided for in section 1 of article 180 of this Code apply.

Article 182 Penal Code

1. Anyone who, by deception, performs acts of a sexual nature with a person over thirteen and under sixteen years of age, shall be punished with a prison sentence of one to two years, or a fine of twelve to twenty-four months.
2. When the acts consist of carnal access by vaginal, anal or oral means, or the introduction of bodily members or objects by either of the first two means, the penalty shall be imprisonment for a term of two to six years. The penalty shall be imposed in its upper half if the third or fourth circumstance of those provided for in Article 180.1 of this Code applies.

If you have been the victim of a crime of sexual abuse, you should know that you can start to claim your rights by means of a complaint or lawsuit, assisted by a criminal lawyer, who will defend your rights.

If you are denounced for a crime of sexual abuse, we will also be able to advise and assist you.

The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from crimes of sexual abuse.

Sexual Harassment

Artículo 184 Penal Code

1. Anyone who requests favours of a sexual nature, for himself or for a third party, in the context of an employment, teaching or service provision relationship, whether continuous or habitual, and by such behaviour causes the victim an objective and seriously intimidating, hostile or humiliating situation, shall be punished, as a perpetrator of sexual harassment, with a prison sentence of three to five months or a fine of six to ten months.
2. If the perpetrator of sexual harassment has committed the act by taking advantage of a situation of superiority in the workplace, teaching or hierarchical position, or with the express or tacit announcement of causing the victim a harm related to the legitimate expectations that the victim may have in the context of the aforementioned relationship, the penalty shall be a prison sentence of five to seven months or a fine of 10 to 14 months.
3. When the victim is particularly vulnerable, due to age, illness or situation, the penalty shall be a prison sentence of five to seven months or a fine of 10 to 14 months in the cases provided for in paragraph 1, and a prison sentence of six months to one year in the cases provided for in paragraph 2 of this article.