Crimes Against Sexual Freedom

Crimes Against Freedom of Expression and Sexual Identity either go 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 harassment, 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.

 Sexual Aggression

1. Basic Type: Carried out against a persons’ sexual liberty through the use of violence or intimidation on the victim.
2. Aggravated Type (Commonly known as rape): The same conditions apply, but there will also be a vaginal, oral or anal intrusion. Body parts or the insertion of other objects also counts as a violation.

Sexual Abuse

1. Basic Type: Contact without consent, but without violence or intimidation. Acts towards someone 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 equivalent to the most serious sexual abuse offences.
2. Aggressive type: Has the same characteristics, but with sexual intrusion (as described above for sexual aggression).

Sexual Harassment

1. Basic Type: To ask for favours of a sexual nature, without considering who they may be for. The relationship between the harasser and the victim must be within a work, teaching or service environment. It must provoke a feeling of hostility or intimidation in the victim.
2. 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.

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.