Before this reform , the crime of sexual assault was

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Reduced to cases in which violence or intimidation was involved, leaving the rest of the situations under the umbrella of sexual abuse . With the modification of the Penal Code by Organic Law 10/2022 , this distinction disappears and any act of a sexual nature carried out without the consent of the victim will be considered sexual assault. When is there consent? With the new wording of article 178.1 CP, it will be understood that consent exists when it has been freely expressed through acts that, given the circumstances of the case, clearly express the will of the person . The assessment in each specific case of whether or not there is consent in the specific sexual act is something that has already been done by the courts in proceedings for this type of crimes. Applicable penalties Articles 178 to 180 of the Penal Code provide for the range of penalties applicable to different cases of sexual assault: When the assault consists of an act that violates sexual freedom carried out without consent (art. 178.1 CP), the penalty will be imprisonment of 1 to 4 years  (for example: touching). If one of the aggravating circumstances of article.

The penalty will be imprisonment of 2 to 8 years. If more than one aggravating circumstance of article 180.1 CP occurs, a prison sentence of 5 years (+1 day) to 8 years will be imposed. When the assault consists of an act that violates sexual freedom without consent, carried out with violence, intimidation or on a person whose will has been annulled for any reason (art. 178.3 CP), the penalty will be imprisonment of 1 to 5 years. (for example: touching an unconscious person). If one of the aggravating circumstances of article 180.1 CP occurs, the penalty will be imprisonment of 5 to 10 years. If more DM Databases than one aggravating circumstance of article 180.1 CP occurs, a prison sentence of 7 years and 6 months to 10 years will be imposed. When the assault consists of carnal access through vaginal, anal or oral routes , or introduction of bodily members or objects through one of the first two routes (art. 179.1 CP), the penalty will be imprisonment of 4 to 12 years.



This is the specific crime of rape . If one of the aggravating circumstances of article 180.1 CP occurs, the penalty will be imprisonment of 7 to 15 years. If more than one aggravating circumstance of article 180.1 CP occurs, a prison sentence of 11 years (+1 day) to 15 years will be imposed. When the aggression consists of carnal access through the vagina, anal or mouth, or introduction of bodily members or objects through one of the first two routes, carried out with violence, intimidation or on a person whose will has been annulled for any reason   (art. 179.2 CP), the penalty will be imprisonment of 6 to 12 years. This is the specific crime of rape. If one of the aggravating circumstances of article 180.1 CP occurs, the penalty will be imprisonment of 12 to 15 years. If more than one aggravating circumstance of article 180.1 CP occurs, a prison sentence of 13 years and 6 months to 15 years will be imposed. When the aggressor is an authority, agent of authority or public official , in addition to the corresponding penalties, the penalty of absolute disqualification of 6 to 12 years will be imposed .