Specialist Lawyers in Sexual Assault and Rape in Spain

Spanish Criminal Code

On sexual assault

Article 178

 
Whoever offends against the sexual freedom of another person, using violence or intimidation, shall be punished for sexual assault with a sentence of imprisonment from one to five years.
 

Article 179

 
When the sexual assault consists of vaginal, anal or oral penetration, or inserting body parts or objects into either of the former two orifices, the offender shall be convicted of rape with a sentence of imprisonment from six to twelve years.
 

Article 180

 
1. The preceding conduct shall be punished with prison sentences of five to ten years for assaults pursuant to Article 178, and from twelve to fifteen years for those of Article 179, when any of the following circumstances concur:

1. When the violence or intimidation made are of a particularly degrading or humiliating nature;

2. When the acts are committed by joint action of two or more persons;

3. When the victim is especially vulnerable due to age, illness, handicap or circumstances, except for what is set forth in Article 183;

4. When, in order to execute the offence, the offender has availed himself of a superiority or relationship, due to being the ascendant, descendent or brother or sister, biological or adopted or in-law of the victim;

5. When the doer uses weapons or other equally dangerous means which may cause death or any of the injuries foreseen in Articles 149 and 150 of this Code, without prejudice to the relevant punishment for the death or injuries caused.

2. Should two or more of the above circumstances concur, the penalties foreseen in this Article shall be imposed in the upper half.
 

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