SEXUAL ASSAULTS ON MINORS UNDER 16 YEARS OF AGE

In Spain, sexual assaults on minors under 16 years of age, regulated in articles 181 to 183 bis of the Penal Code, aim to protect the freedom and safety of minors against non-consensual sexual acts.

This crime includes everything from situations of sexual abuse of minors under 16 years of age to aggravated cases such as sexual assault, rape, abuse of power or taking advantage of a relationship of superiority. If you are looking for specialized legal advice, at Nieto Enríquez Criminal Lawyers we have extensive experience providing legal advice in relation to this type of crimes.

Regulation of sexual assault on minors under 16 years of age in the penal code

The Spanish Penal Code, in its articles 181 to 183 bis, establishes severe penalties for sexual abuse and assault on minors under 16 years of age. These crimes include any act of a sexual nature committed against a minor and are punishable by up to fifteen years in prison, depending on the type of criminal conduct and its circumstances.

Aggravating factors are considered depending on the circumstances of the crime, such as the use of violence, abuse of authority or membership in a criminal group.

Aggravated modalities in sexual assaults on minors under 16 years of age

In cases of sexual abuse or assault of minors under 16 years of age, the Penal Code establishes more severe penalties if certain aggravating circumstances occur. These situations seek to punish proportionally the seriousness of the events and protect the victims in a comprehensive manner.

1. Behaviors constituting aggravated sexual assault: If the acts of sexual content are carried out using violence, intimidation or abuse of a situation of superiority or vulnerability of the victim or on people who are deprived of meaning or whose mental situation is abused or those that are carried out when the victim has his will annulled for any reason, the penalty is imprisonment of 5 to 10 years.

2. Rape: In cases where the sexual act includes sexual access through vaginal, anal or oral routes, or the introduction of objects or bodily members, the penalties are 8 to 12 years in prison. If the circumstances of the previous section occur in the sexual assault of minors under 16 years of age, the penalties increase to 12 to 15 years.

The penalty is imposed in its upper half when factors such as:

The joint action of two or more people.
Extreme violence or especially degrading acts accompanying the aggression.
The victim is under 4 years old or is in a particularly vulnerable situation.
Existence of a current or past relationship between the perpetrator and the victim.
Taking advantage of a situation of coexistence, kinship or superiority with the victim.
Use of weapons or dangerous objects that could cause serious injury or death.
Supply of drugs, pharmaceuticals or substances to override the will of the victim.
Commission of the crime within the framework of a criminal organization dedicated to these activities.

3. Aggravating Condition of Authority: If the perpetrator of the crime of sexual abuse or assault of minors under 16 years of age takes advantage of his position as an authority or public official, in addition to the prison sentence, an absolute disqualification of 6 to 12 years will be imposed. .

These types of aggravating circumstances reflect the seriousness with which the law addresses sexual assaults on minors under 16 years of age according to the Penal Code, guaranteeing stronger sanctions in the most harmful cases for the victims.

Other conduct that constitutes a crime in sexual assaults on minors under 16 years of age

The Penal Code, in its articles 182 and 183, addresses additional situations related to sexual assaults on minors under 16 years of age, establishing sanctions for acts that, although they do not involve direct contact, affect the sexual freedom of minors.

Article 182 of the Penal Code punishes those who make a minor under 16 years of age witness acts of a sexual nature for sexual purposes, even if the perpetrator does not directly participate in them. The penalties vary depending on the seriousness of the facts:

Prison from 6 months to 2 years: If the acts do not constitute a crime
against sexual freedom.
Prison of 1 to 3 years: If the acts witnessed are considered a crime against sexual freedom.

Crimes committed through the internet and information technologies

Article 183 regulates sexual crimes that involve the use of information technologies or the Internet, imposing sanctions in the following cases:

1. Proposal of meetings for criminal purposes:

Contacting a minor under 16 years of age and proposing a meeting with the aim of committing a crime of sexual abuse or assault on minors under 16 years of age or corruption of minors, as long as the proposal is accompanied by acts aimed at rapprochement.
Applicable penalty: Prison of 1 to 3 years or fine of 12 to 24 months.
If the approach is achieved through coercion, intimidation or deception, the penalty will be imposed in its upper half.

2.Request pornographic material from minors:

Tricking a minor into providing pornographic material in which a minor appears.
Applicable penalty: Prison from 6 months to 2 years.

Exemption from criminal liability due to consent of the minor

Article 183 bis establishes an important exception: If the minor freely consents and the perpetrator is a person close to the minor in age, development or physical and psychological maturity, criminal liability will not apply, as long as it does not involve sexual abuse or assault. in which violence, intimidation, abuse of a position of superiority, abuse of the vulnerability of the victim have been used, or have been carried out on people who are deprived of consciousness or whose mental situation is abused or on people who have been annulled by any causes his will. This provision seeks to avoid the criminalization of consensual relationships between young people, as long as the conditions specified by law are met.

These provisions reinforce legal protection against sexual assaults on minors under 16 years of age, considering not only direct acts, but also those facilitated through the use of technologies or the manipulation of minors.

Comprehensive protection against sexual assaults on minors under 16 years of age

These provisions of the Penal Code reinforce legal protection against sexual abuse and assault on minors under 16 years of age, covering both direct acts and those facilitated by the use of technologies or deception of minors.