Sexual offence
Sexual offences lawyer
Arts. 178-186 Criminal Code
Organic Law 10/2022, on the comprehensive guarantee of sexual freedom, merged into a single offence of sexual assault (articles 178 to 180 of the Criminal Code) what had previously been distinguished as sexual abuse and sexual assault, placing consent — expressed unambiguously — at the centre of the classification. That reform also changed how these proceedings are investigated and how evidence is assessed.
These cases equally demand technical rigour and discretion: for the suspect, the defence is largely fought during the investigation and in how the prosecution's witness evidence, almost always the main evidence in the absence of other direct indications, is assessed; for the victim, in preserving evidence from the very first complaint and in providing support throughout the proceedings.
These cases put one person's freedom and another's need for redress on the line at the same time — which is why they demand as much technical rigour as absolute discretion from the very first contact.
Scope of work
- Defence of the suspect from the first statement, with particular attention to witness evidence
- Private prosecution on behalf of the victim
- Sexual harassment and indecent exposure cases (articles 184-186 of the Criminal Code)
- Applications for and review of protective measures during the investigation
When to call
- You have been summoned or detained as a suspect over a sexual offence
- You are the affected person and wish to bring a private prosecution
- You need to assess a protective measure during the investigation
Frequently asked questions
What changed under the 2022 «only yes means yes» reform?
It removed the distinction between sexual abuse and sexual assault, merging both types of conduct into a single offence of sexual assault requiring the absence of unambiguously expressed consent, with different sentences depending on whether violence or intimidation is present. That unification changes the legal analysis of the case, though not the relevance of the specific facts.
Can there be a conviction based on the victim's statement alone?
Yes, case law accepts that a victim's testimony can be sufficient incriminating evidence if it meets the requirements set by the Supreme Court: absence of subjective incredibility, plausibility of the account, and consistency in the accusation over time. That is precisely why how that statement is assessed — and what corroborates or contradicts it — is the central issue in most of these proceedings.
Can I request a restraining order during the investigation?
Yes, it can be requested as a precautionary measure from the start of the proceedings, without waiting for a judgment, where the legal requirements for granting it are met.