Crimes against minors are considered to be extremely grave crimes. Physical integrity and morals of people outlined in the Constitution make sexual freedom a fundamental right.
The Criminal Code outlines various crimes against sexual freedom, including:
- Sexual aggression
- Sexual bullying
- Sexual abuse
- Sexual provocation
Moreover, it is a crime to carry out sexual acts with minors (under the age of 16). Additionally, more severe punishments occur when the commission of alleged acts use violence or intimidation. This includes forcing a minor to act on a third party or perform the acts on themself.
Furthermore, it is a crime for a person, with sexual aims, to encourage a person younger than 16 years of age to participate in behaviour of a sexual nature, or to make them carry out acts of a sexual nature, even if the perpetrator does not partake in them. This could occur via the internet, telephone, or any other technology or communication which allows communication with the minor. In addition, the proposal to meet with the aim of committing any of the outlined crimes is a crime. Provided that such a proposition is accompanied by material acts aimed at the approach of the minor. Similarly, there are more severe and serious sentences when the contact is made under duress, threats, or lies.
The use of the internet, telephone, or any other technology or communication to contact a minor of 16 years of age and to carry out acts to deceive them to facilitate pornographic material, or to show them pornographic images, in which a minor appears, is punishable with a prison sentence.
Within the crime of exhibitionism, is the carrying out, or making another person carry out, actions of obscene exhibitionism before minors and disabled persons. In addition, should a person, through any direct means, sell, distribute, or showcase pornographic materials amongst minors or people with disabilities needing special protection, will be punished with a prison sentence.
On the other hand, the free consent of the minor of 16 years of age will rule out the criminal responsibility for the crime, should the perpetrator be a person close in age to the minor, and in level of development or maturity.
There are many other possible crimes related to crimes against the sexual freedom of minors. It is important to use the correct defense, should you be accused of a crime. Therefore, if you have been accused of a crime of a similar nature, you should contact an expert criminal lawyer. Our criminal lawyers have years of experience in the courts of Barcelona, Madrid and the rest of Spain. They will be able to help with every aspect of your case.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing firstname.lastname@example.org, or by telephoning +34 93 514 39 97 .
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant for your case please contact us