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ENOUGH IS ENOUGH
Harassment
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Book your confidential and free consultation, where you will receive legal guidance and support from our lawyer specialised in sexual assault cases. A professional trusted by countless individuals seeking justice and emotional reassurance.
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I am Javier Sanz, a lawyer specialised in sexual assault cases
I want you to know that this is a safe place for you, where you can share your thoughts and feelings without fear of being judged.
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For years, I have dedicated my career to protecting and defending the rights of those who have faced difficult situations, like the one you are experiencing now.
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WHAT YOU NEED TO KNOW
Do not underestimate the seriousness of the accusation: even if you know you are innocent, take the matter seriously from the outset.
Avoid communicating with the accuser: do not attempt to resolve the situation on your own. All communication should be handled through your lawyer.
Gather evidence and documentation: keep any communication or relevant information that may help disprove the accusation.
Seek emotional support: false accusations can be emotionally devastating.
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What does the summary procedure involve?
In sexual assault cases in Spain where the potential sentence exceeds nine years of imprisonment, judicial proceedings are conducted through a summary procedure.
PROTECTION ORDER
After a complaint is filed, an immediate application can be made for a protection order, which includes urgent precautionary measures to protect the alleged victim.
Such measures may include prohibiting the alleged aggressor from approaching or contacting the victim and, in some cases, decisions regarding child custody or the use of the family home.
INVESTIGATION PHASE
An investigation stage begins in which all essential evidence is gathered, including witness statements, medical reports and forensic evidence. This phase is vital in assessing whether the case should proceed to trial.
CONCLUSION AND OPENING OF THE ORAL TRIAL
Conclusion order: Once the investigating judge determines that sufficient evidence has been collected, an order concluding the investigation is issued.
Prosecution submissions:: The Public Prosecutor, any private prosecution (if applicable) and the defence submit their respective prosecution and defence statements, setting out their claims.
Order opening the oral trial: If the judge considers there are sufficient grounds, an order is issued formally opening the oral trial.
ORAL TRIAL
Competent court:The summary trial is held before the Provincial Court, composed of three judges.
Conduct of the trial: All admitted evidence is examined, including statements from the accused, the alleged victim, witnesses, expert opinions and any other documentary or material evidence.
Closing arguments: After the evidence has been examined, the parties present their closing arguments, amending their initial claims if necessary based on the evidence presented.
JUDGMENT
After assessing the evidence and arguments, a judgment is issued. This may include criminal measures (such as prison sentences, restraining orders or communication bans) and civil measures (such as child custody, use of the family home or maintenance payments).
APPEAL
Appeal: CThe judgment of the Provincial Court may be appealed before the High Court of Justice of the corresponding autonomous community.
Cassation: In certain cases, a cassation appeal may be lodged before the Supreme Court if it is considered that the judgment infringes the law or established case law.
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You probably still have questions
I have prepared a list of some of the most frequently asked questions. If you still have doubts, write to us at hola@abogadoviolenciadegenero.com and we will be happy to help.
Do not speak to the police or the accuser without a lawyer present. Contact a lawyer specialised in defending against false accusations as soon as possible.
Your lawyer will look for inconsistencies in the accusation, gather exculpatory evidence, witness statements, and any records that refute the allegation.
The lack of physical evidence can be a key element in your defence. Your lawyer will argue that the evidence is insufficient to sustain the accusation.
In some cases, reports may also be filed by witnesses to the events, including law enforcement officers or the medical professionals assessing the alleged victim, who will submit medical reports directly to the court.
The duration varies depending on the complexity of the case. It can range from a few months to several years in more complex situations.
False accusations can affect your reputation, employment, and personal relationships. It is crucial to address both the legal and emotional aspects of your situation.
Your lawyer will highlight the absence of concrete evidence and argue that the available evidence is insufficient to support the accusation.
Costs vary depending on the complexity of the case. Discuss fee structures and payment options with your lawyer.
Seek psychological support and maintain open communication with your lawyer about how you are feeling.
Even if the complaint is withdrawn, it is important to continue with a legal strategy until the case is formally closed.
If you are acquitted, you may explore legal options to pursue claims for defamation or damages.
In the case of preventive detention, it may not last longer than the time strictly necessary to clarify the facts. In any event, within a maximum period of 72 hours, the detainee must be released or brought before the Judicial Authority.
No, the proceedings will continue as long as there is evidence or indications that allow it to be inferred that a sexual assault has occurred.
What the alleged victim may do is choose not to testify against their partner, provided that they withdraw as a private prosecution.
Sexual assault is a legal term that covers any sexual contact or behaviour that takes place without the explicit consent of the other person. This includes, but is not limited to, inappropriate touching, rape, attempted rape, and other forms of sexual coercion.
A Protection Order is a judicial ruling which, in cases where there are well-founded indications of the commission of crimes or offences related to domestic violence and where there is an objective situation of risk for the victim, orders their protection through the adoption of precautionary civil and/or criminal measures. It also activates the necessary social assistance and protection measures by referring the Protection Order to the Coordination Points of the Autonomous Communities.
1. CRIMINAL MEASURES:
Deprivation of liberty
Restraining order
Prohibition of communication
Prohibition from returning to the place of the offence or the victim’s residence
Seizure of weapons or other dangerous objects
2. CIVIL MEASURES:
Allocation of the use and enjoyment of the family home
Child custody, visitation and communication arrangements
Maintenance payments
Protective measures for minors to prevent risk or harm
Note: Civil measures will be valid for 30 days and will be extended if divorce, separation or parental proceedings are initiated before the end of that period.
3. SOCIAL ASSISTANCE AND PROTECTION MEASURES: established within the legal framework at both state and regional level.
A Protection Order is a judicial ruling which, if breached, will result in imprisonment for the offence of breach of sentence.
Article 468 of the Criminal Code provides as follows:
“Those who breach their sentence, security measure, imprisonment, precautionary measure, escort or custody shall be punished with a prison sentence of six months to one year.”
Given the severity of the penalties (more than 9 years) and the amount of evidence that must be gathered, and based on my experience, trials may be delayed for up to 5 years.
A Protection Order is a judicial ruling which, if breached, will result in imprisonment for the offence of breach of sentence.
Article 468 of the Criminal Code provides as follows:
“Those who breach their sentence, security measure, imprisonment, precautionary measure, escort or custody shall be punished with a prison sentence of six months to one year.”
Proving a sexual assault can be complex and depends largely on the circumstances of the case. Evidence may include testimony from the victim and witnesses, forensic evidence (such as rape kits), medical records, and electronic communications that may indicate lack of consent or the mental state of the parties involved.
The court will issue an order for the Security Forces to accompany the parties to the home in both cases, both for the alleged aggressor and for the victim.
Affirmative consent is a legal model that defines consent as a clear, voluntary and ongoing agreement between participants to engage in sexual acts.
The absence of resistance is not considered consent. This concept is crucial, as the aggressor may be convicted if affirmative consent was not obtained prior to the sexual act.