Sexual Crimes

TYPES OF SEXUAL CRIMES

• Sexual assaults
• sexual abuse
• sexual harassment
• Sexual cyberbullying
• Stealthing
• Exhibitionism and provocation
• Prostitution

Given the latest modifications made by the legislator, we consider it appropriate to make a brief mention of the legislative changes that have occurred.

First of all, we highlight Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, which came into force on October 7, 2022, in which articles 178 to 183 bis were modified, Articles 183 ser and 184 quater were deleted and articles 190, 191, 194 and 194 bis were modified.

Secondly, a series of articles of said Organic Law 10/2022, of September 6, of comprehensive guarantee of sexual freedom, were modified again by Organic Law 4/2023, of April 27, for the modification of the Organic Law 10/1995, of November 23, of the Penal Code, on crimes against sexual freedom, the Criminal Procedure Law and Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors, effective April 29, 2023.

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What is a crime of sexual assault?
“It is any act that violates the sexual freedom of another person without their consent.” Article 178 of the Penal Code, as well as the following members of the chapter relating to sexual assaults, have been modified by the publication of Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom, with entry effective October 7, 2022.

It should be noted, among the new developments brought about by Organic Law 10/2022, of September 6, the disappearance of the distinction between aggression and sexual abuse, that is, the crime of sexual abuse ceases to exist in our Penal Code, Sexual assaults are considered all behaviors that violate sexual freedom without the consent of the other person.

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From a dynamic and positive point of view, it refers to the free exercise of sexual freedom, with no limitations other than those derived from respect for the freedom of others.

From a static and negative point of view, it is integrated by the right not to be involved, actively or passively, in conduct of sexual content and, especially, by the right to repel sexual attacks on third parties.

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What are the modifications to the Penal Code after the reform of the “Only yes is yes Law”?

​a) Article 178

Section 2 is modified to eliminate the initial mention of “For the purposes of the previous section” to determine that “In all cases, acts of sexual content that are carried out using violence, intimidation or abuse of a situation of superiority or abuse will be considered sexual assault.” of vulnerability of the victim, as well as those that are carried out on people who are deprived of consciousness or whose mental situation is abused and those that are carried out when the victim has had his will annulled for any reason.

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A new section 3 is incorporated, with the previous 3 becoming the new 4, this new section 3 having the following wording:
«3. If the attack has been committed using violence or intimidation or on a victim whose will has been annulled for any reason, the person responsible for it will be punished with one to five years in prison.

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b) Article 179
A new section 2 is incorporated into article 179 (crime of rape) to aggravate the penalty in the event that violence or intimidation has been used or when the victim has had his or her will annulled for any reason, cases in which it will be imposed. The prison sentence ranges from 6 to 12 years, with the basic type being 4 to 12 years.

c) Articles 180 y 181
On the one hand, penalties are adjusted to the aggravated types of article 180 of the Penal Code, adapting punitive frameworks that normatively reflect the greater seriousness of some behaviors. Likewise, the problem that occurs in aggravated cases in which the same circumstances of the typical modalities provided for in articles 178 and 179 of the Penal Code occur (article 181.1, 2 and 3 in the case of victims of minors) is resolved. age).