Have you been raped or sexually abused? Our Spanish lawyers who are experts in sex offences have made this article to provide you with general information on rape.
Definitions
Sexual abuse is a sexual activity or interaction which occurs without your consent. Sex offences do not always entail physical contact – for example, exhibitionism (when someone shows you their private parts) or forces you to look at sexual images or content are all non-contact sex offences.
What to do after an attack
It is very common that victims of sexual assault are unsure of what to do afterwards. This article will give you a series of guidelines that you can follow in these situations.
If you consider yourself a victim of rape, you must:
1. Call the police (in Spain, call 112)
112 is the emergency services phone number, and will put you in contact with police and a hospital.
You can also call 016 which is a phone line specialising in violence against women.
2. Go to hospital
It is important to go to hospital for many reasons.
The first reason is a matter of health. For example, a doctor can give you medication aimed at preventing sexually transmitted illnesses.
Furthermore, hospitals have access to tests which can collect evidence of the assault. If they do not carry this out, ask them to use a kit for rape cases in order to collect evidence like fibres, hairs, semen, saliva etc.
If you think you have been drugged by the abuser, you must ask for the doctor to carry out a drug test. You must make it clear that you want to be checked for, among other drugs, GHB (gamma hydroxybutyrate acid), Scopolamine, Rohpynol (flunitrazepam) and ketamine (ketamine hydrochloride). It is important to check for GHB as soon as possible, as it does not remain in the blood for very long. They must carry out an analysis on all drugs, but it is important that you insist on these ones, as we have come across certain cases where this has not been done, and also because these drugs are often used by rapists.
If you were drunk, ask that they carry out an alcohol test too. This is important because alcohol is also considered a drug.
Besides this, you will also be met by a gynaecologist and psychologist and / or psychiatrist in the hospital.
3. Do not shower or bathe, brush your teeth, or change or wash your clothes
When we say wash, we refer to any type of cleaning (do not wash your hands, brush your hair or clean your teeth either).
If you wash yourself or your clothes after an attack, you could get rid of important evidence.
If the attack happened in your home, do not wash your bed linen either.
This way, the police will have the best chance of finding DNA.
4. Do not alter the crime scene
It is best that you do not alter the place in which the attack occurred and that you ask the police to accompany you in order for them to obtain evidence of what happened.
Frequently asked questions
Can my partner rape me? Yes. In fact, it is even more serious when this happens with your partner.
If I took drugs and was intoxicated and somebody assaulted me, can I report them, even if I took drugs voluntarily before the attack? Yes, nobody is allowed to abuse you. It does not matter if you took drugs or they gave them to you with your knowledge.
Is marijuana a drug? Any drug you take can alter your perception or will. A cigarette with tobacco cannot have this effect, but marijuana can.
Is touching my behind without consent sexual abuse? Yes, physical contact with sexual purpose and lack of consent is considered a crime of sexual assault.
Is intimidation considered violent? Yes, and this is an element to bear in mind in court to determine whether it was sexual abuse or assault.
Conclusion
The law in relation to sexual abuse and assault is complex, and we therefore recommend that you seek legal advice early on with a lawyer who specialises in sexual assault in Spain and is competent and has experience. It is important to remember that in some cases, even the police can make mistakes and, as such, it is important to ensure that the perpetrator has been charged in a just manner.
Do you want some more information?
Read the following articles:
Our criminal lawyers who specialise in sexual assault can help with your case in Barcelona, Cataluña, or other areas of Spain.
If you need more information or legal advice, do not hesitate to get in touch with our lawyers. You can contact us by using the contact form on our website, sending an email to info@pineradelolmo.com, through WhatsApp on 675 58 14 62 if you are in Spain, or if you are abroad on (+34) 675 58 14 63, or by calling 93 514 39 97, adding the prefix +34 93 514 39 97 if you are abroad.
Disclaimer: this article is not concrete advice, nor is it updated with changes to the law. For access to legal advice which is relevant to your case, please contact our lawyers in Barcelona and Madrid.
Piñera del Olmo
Aribau 114, entlo 2a
08036 Barcelona
Phone: +34 93 514 39 97
Fax: +34 93 127 07 66
Email: rpinera@pineradelolmo.com