Legally reviewed on 11 October 2026
By Javier Sanz, lawyer, ICALI 8620
A person who has experienced sexual assault in Spain has rights to information, support, protection and participation in the criminal process. Those rights do not depend on speaking Spanish fluently or on having decided immediately whether to report. Medical and specialist support can be sought even when the person is uncertain about criminal proceedings.
If there is immediate danger or urgent medical need, call 112. Nothing in this guide requires a survivor to confront the alleged perpetrator or collect evidence at personal risk.
Consent is central under Spanish law
Spanish criminal law treats consent as present only when it has been freely expressed through acts that, in the circumstances, clearly indicate the person’s wishes. Silence, passivity, a previous relationship or earlier consent does not create permanent consent. Consent can be withdrawn.
The legal classification and penalty depend on the proved facts, including any violence, intimidation, abuse of vulnerability or other aggravating circumstances. A lawyer should assess the version of the Criminal Code applicable on the date of the alleged events, because sexual-offence legislation has changed.
Right to healthcare and specialist support
Seek medical care as soon as you can, particularly if there may be injury, pregnancy risk, infection risk or drug-facilitated assault. Tell clinicians what you remember and any concern that a substance was involved. They can explain examinations, treatment and evidence-preservation options. You retain the right to be treated with dignity and to receive understandable information.
Washing, changing clothes or a delay in attending does not mean that a report is impossible. Do not blame yourself for actions taken after trauma. Other evidence may exist and your testimony remains evidence that the court must assess.
Right to information and an interpreter
The Statute of the Victim of Crime provides rights to information from the first contact with authorities. Ask for an interpreter if you do not understand Spanish sufficiently. Important decisions and available services should be explained in a way you can understand.
Before signing a police or court statement, read it carefully or have it interpreted. Correct errors and make clear when a date or sequence is approximate. Trauma can affect recall; do not fill a gap by guessing.
Right to legal assistance
Victims of sexual offences can qualify for free legal assistance on the special terms set by Spain’s Legal Aid Law, independently of financial means in the circumstances covered by that law. Early advice can help with reporting, protection, privacy, compensation and participation in proceedings.
A lawyer represents the victim’s legal interests and is distinct from police, prosecutors and psychological support services. For specialist representation, see our service for women who have experienced sexual assault. Where the victim is a child, different safeguards apply; our service for minor victims explains that focus.
Protection, privacy and respectful treatment
Authorities must assess protection needs and seek to avoid unnecessary repeat questioning and secondary victimisation. Measures may be available to limit contact with the alleged perpetrator and protect privacy during proceedings. The exact measure is decided under the law and circumstances; confidentiality is not absolute, particularly where information is required for a fair defence.
Do not publish evidence, names or private material on social media. Online disclosure may affect privacy, safety and the proceedings. If intimate images or sexual content are being circulated online, Spain’s Data Protection Agency offers a priority channel for requesting urgent removal in qualifying cases.
Participation in the criminal process
A victim may report to the police, Guardia Civil, court or prosecutor. The authorities investigate; the victim does not have to build the entire case alone. Depending on procedural status, the victim may receive notice of important decisions, request review or appeal in the situations provided by law, seek protective measures and claim compensation.
Evidence can include testimony, medical or forensic findings, digital communications, witness accounts and surrounding circumstances. There is no universal requirement for a particular type of physical evidence. Our guide explains what courts may consider in sexual assault cases.
Support while deciding what to do
You can ask a trusted person to accompany you where permitted and seek specialist psychosocial support. Keep original messages and files, note potential witnesses and store documents somewhere safe. Avoid contact with the alleged perpetrator if it could create danger or pressure.
Call 112 for an emergency. The 016 service provides information and immediate psychosocial support concerning violence against women by phone, WhatsApp at 600 000 016, email and chat.
Confidential legal advice
Contact Javier Sanz for advice on a report, protective measures, evidence or an ongoing sexual-offence case. The advice should be based on your choices, safety and the actual procedural stage.
Official sources
- Organic Law 10/2022 on sexual freedom (BOE)
- Law 4/2015, Statute of the Victim of Crime (BOE)
- Law 1/1996 on free legal assistance (BOE)
- Spanish Data Protection Agency priority channel
This article gives general information and does not replace medical care, a safety assessment or personalised legal advice.