The new regulation of the crime of sexual assault after the reforms of the Pe...

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Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom , included in its fourth final provision an important reform of the Penal Code by which Title VII of Book II of the Penal Code was modified, relating to crimes against sexual freedom. The most significant modification consists of eliminating the crime of sexual abuse, making any act against a person's sexual freedom carried out without their consent considered a crime of sexual assault. However, given the penological benefits that arose for sexual offenders with that reform, o force , which modified the Penal Code with the aim of reversing the situation. In this article we tell you what the CURRENT regulation of the crime of sexual assault is. We can help you At Dexia Abogados we are lawyers specializing in sexual assaults . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US The crime of sexual assault Regulated in articles 178 to 180 of the Penal Code.

Anyone who carries out any act that violates the sexual freedom of another person without their consent will be punished with a prison sentence of one to four years as responsible for sexual assault. It will only be understood that there is consent when it has been freely expressed through acts that, taking into account the circumstances of the case, clearly express the will of the person. 2. In all cases, sexual assault is considered DM Databases to be acts of sexual content that are carried out using violence, intimidation or abuse of a situation of superiority or vulnerability of the victim, as well as those that are carried out on people who are deprived of sense or whose mental situation is abused and those that are carried out when the victim has his will annulled for any reason. 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 will be punished with one to five years in prison.



The sentencing body, reasoning it in the sentence, and provided that there is no violence or intimidation or that the victim had his will annulled for any reason or the circumstances of article 180 do not exist, may impose the prison sentence in its lower half or fine of eighteen to twenty-four months, taking into account the minor nature of the act and the personal circumstances of the guilty party. Article 178 of the Penal Code The new article 178.1 of the Penal Code defines the crime of sexual assault as any act that violates the sexual freedom of a person, carried out without their consent . In any case, those carried out with violence, intimidation, abuse of the victim 's position of superiority or vulnerability , and those carried out on people deprived of their senses or whose will is nullified or whose mental situation is abused , will be considered as such . That is, if any of these circumstances occur, it will always be understood that there has been no consent .