Everything you need to know about sexual assault against minors under 16 years of age
Sexual assault against minors under 16 years of age is a serious crime regulated in the Spanish Penal Code with the aim of protecting the sexual freedom and integrity of minors. This type of conduct is considered especially harmful due to the vulnerability of the victims, and the legislation establishes severe penalties for those who commit it.
Below, we explain what these attacks entail, how they are regulated, what the associated penalties are, and the circumstances that aggravate these crimes.
What constitutes sexual assault against minors under 16 years of age?
Sexual assault of a minor under 16 years of age includes any sexual act committed with a minor who has not reached this age, regardless of whether consent was given. The law presumes that minors under 16 years of age do not have the capacity to give valid consent in these cases, therefore any sexual act with them is considered a crime.
Penalties for sexual assault of minors under 16 years of age
The penalties for child abuse vary depending on the severity of the conduct and the circumstances involved:
- Sexual acts without violence or intimidation : Prison sentence of 2 to 6 years .
- Sexual assaults with violence or intimidation : Prison sentence of 5 to 10 years .
- Rape (carnal access via vaginal, anal or oral route, or introduction of objects) : Prison sentence of 6 to 12 years , which may increase to 10 to 15 years if aggravating circumstances are present.
Circumstances that aggravate the penalties
The penalties increase in cases where the following aggravating circumstances are present:
- The sexual assault was committed by two or more people together.
- Use of extreme violence or particularly degrading acts.
- The victim is under 4 years old or is in a situation of special vulnerability.
- Existence of a current or past romantic relationship between the perpetrator and the victim.
- Taking advantage of a position of authority, kinship, or cohabitation.
- Use of weapons or dangerous objects.
- Administration of substances to nullify the victim’s will.
- Commission of the crime within a criminal organization.
Furthermore, if the perpetrator is an authority or public official, the penalty will include absolute disqualification for 6 to 12 years .
Exemption from criminal liability
The Penal Code includes an exception in Article 183 bis, where the consent of a minor under 16 years of age may exempt them from criminal liability if the perpetrator is a person of similar age and level of physical and psychological development or maturity. This provision aims to prevent the criminalization of consensual relationships between young people.
At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona , we analyze in depth the crimes against sexual freedom and, in particular, the sexual assaults of minors under 16 years of age, as well as their legal implications and criminal consequences.
