Everything you need to know about sexual assaults on minors under 16 years of age

Sexual assaults on minors under 16 years of age are serious crimes regulated in the Spanish Penal Code with the aim of protecting the sexual freedom and integrity of minors. This type of behavior 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 on minors under 16 years of age?

A sexual assault on minors under 16 years of age includes any act of a sexual nature carried out with a minor who has not reached this age, regardless of whether there was consent. The law presumes that minors under 16 years of age do not have the capacity to grant valid consent in these cases, so any sexual act with them is considered a crime.

Penalties for sexual assault of minors under 16 years of age

The sanctions for assaulting minors vary depending on the severity of the behavior and the concurrent circumstances:

• Acts of a sexual nature 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 can increase to 10 to 15 years if aggravating circumstances occur.

Circumstances that aggravate penalties

The penalties increase in cases where the following aggravating circumstances occur:

• The sexual assault was committed by two or more people jointly.
• Use of extreme violence or particularly degrading acts.
• 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 position of authority, kinship or coexistence.
• Use of weapons or dangerous objects.
• Administration of substances to override the will of the victim.
• Commission of crime within a criminal organization.

Furthermore, if the perpetrator is a public authority or official, the penalty will include absolute disqualification of 6 to 12 years.

Exemption from criminal liability

The Penal Code contemplates an exception in article 183 bis, where the consent of a minor under 16 years of age can exempt from criminal liability if the author is a person close in age and degree of development or physical and psychological maturity. This provision seeks to avoid the criminalization of consensual relationships between young people.