Sexual offence in the Spanish criminal code

In Spain there is a new Criminal Code since 1995. The old criminal code from last century had suffered several changes (some of the most important in 1980 and 1983), until it was finally left aside by the Socialist government in order to approve the new Criminal Code in 1995.

The sexual offences in the new Spanish criminal code were also modified by the Conservative government in 1999, introducing a harder punishment in some cases, and very recently in October 2004.

Sexual offences are located in the Title VII, of the second Book, of the Criminal Code.

The sexual offences are divided into several chapters:

1. Sexual aggression.
2. Sexual abuse
3. Sexual harassment
4. Exhibitionism
5. Offences related to prostitution and corruption of children.

There is sexual aggression when the offence is committed with violence or intimidation.

Rape is punished in Spain with prison in between 6 and 12 years. Any sexual relation with a person of less than 13 years of age, is considered as non-consented, and always punished. The punishment is dependent on the kind of offence that took place. Someone can be punished with up to 15 years of prison, when he is claimed of having sexual intercourse with a child, or with an adult under special circumstances. Special circumstances are the use of weapons; to act helped by other people; to be a relative of the victim, etc.

In the Sexual abuse as opposed to sexual aggression, there is no violence or intimidation. In the sexual abuse there is no consent either. It can be punished with up to 10 years of prison.

The exhibitionism is not punished when done with adults. If done with children there is a punishment of up to 1 year of prison.

The prostitution is not punished in Spain. As opposed to that it is punished the induction to prostitution.