The crime of sexual abuse in the Penal Code prior to the reform carried

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Since October  the date on which Organic Law 10/2022 came into force , THE crime of sexual abuse DOES NOT EXIST in our Penal Code . Now, any act that violates the sexual freedom or indemnity of a person carried out without their consent constitutes the crime of sexual assault . If you are being investigated or are going to be prosecuted for a crime against sexual freedom committed before October 7, 2022, the Penal Code prior to the reform will apply (which was in force at the time the crime was committed) where The crime of sexual abuse was included as such. This is the case unless the current regulation offers a more favorable result to the investigated/defendant , in which case the Penal Code currently in force will apply. As it is still possible that the Penal Code prior to the reform is applied , we are going to explain how the crime of sexual abuse was regulated. We can help you At Dexia Abogados we are lawyers specializing in sexual abuse .

If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US Sexual abuse: what it consists of and where it is regulated Sexual abuse was regulated in Chapter II “On sexual abuse”, of Title VIII “Crimes against sexual freedom and indemnity” of Book II of the Penal Code, prior to the reform, between articles 181 and 182 of this law. When the victim is under 16 years DM Databases of age, it is regulated in Chapter II bis, “On sexual abuse and assaults on minors under sixteen years of age ,” which goes from article 183 to 183 quater. This crime consists of carrying out acts that violate the sexual freedom and integrity of another person, without violence or intimidation and without consent . Types of sexual abuse In the crime of sexual abuse, two types of criminal offenses are distinguished: Basic type of sexual abuse The basic type is that included in article 181.1 of the Penal Code, which consists of carrying out.



Acts that threaten the sexual freedom and indemnity of another person as long as two requirements are jointly met: That there is no violence or intimidation, since in these cases we would be talking about sexual assault and not sexual abuse. Let there be no consent. These behaviors are punishable by 1 to 3 years in prison, or a fine of 18 to 24 months. 1. Anyone who, without violence or intimidation and without consent, carries out acts that violate the sexual freedom or integrity of another person, will be punished, as responsible for sexual abuse, with a prison sentence of one to three years or a fine. from eighteen to twenty-four months. Article 181.1 of the Penal Code On the other hand, article 181.2 establishes a series of cases in which it cannot be argued that consent has existed . Specifically, it is considered that there is no consent when acts of a sexual nature are carried out: About people who are deprived of meaning or whose mental disorder is abused.