Crimes Against Sexual Freedom and Expression
Crimes Against Freedom of Expression and Sexual Identity are comitted against the freedom of an individual to choose their sexual orientation, or refers to the encouragement of sexual activity of a minor. A minor is considered underage by the law of consent or by their disability. This includes sexual harrassment, sexual abuse, exhibitionism, sexual provocation and the corruption of minors.
These crimes are considered to be particularly serious and it is important to have a thorough knowledge of the case. Our lawyers, as well as having experience with similar cases, also have specific training in these types of crime.
Basic Type: Carried out against a persons’ sexual liberty through the use of violence or intimidation on the victim.
Aggravated Type (Commonly known as rape): In this case, the same conditions are met, but there will also be sexual intrusion through a vaginal, oral or anal channel. Body parts or the insertion of other objects also counts as a violation.
- Basic Type: Contact without consent, but without violence or intimidation. Acts towards a minor of less than 13 years old, or an individual with a disability, are always considered as sexual abuse. This even includes when the individual has freely expressed their consent.
If the offender is a guardian, or the victim is particularly vulnerable, the sentence will be the same as for the most serious sexual abuse offences.
Aggressive type: Has the same characteristics, but with sexual intrusion (as described above for sexual aggression).
- Basic Type: To ask for favours of a sexual nature, without considering for who they may be. The relationship between the harrasser and the victim must be within a work, teaching or service environment (which can be ongoing or routine), and that it provokes a feeling of hostility or intimidation in the victim.
Aggressive Type: If the attacker has a position of superiority with respect to the victim, in one of the previously mentioned environments, or they would tacitly imply or express their desire to commit an attack, the prison sentence will be from five to seven months or a fine from ten to fourteen months with regards to the Art. 184.2 CP.
Exhibitionism and provocation
These crimes only exist when the victim is a minor or disabled.
Within our team, we have criminal lawyers who can help you to find the best outcome for your case. In the instance that you may have been denounced, or you believe that you are the victim of a crime against your privacy rights please do not hesitate to get in contact with us, either using the contact form, by telephoning +34935143997 or by sending an email to firstname.lastname@example.org.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.