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I am Javier Sanz, a lawyer specializing in Sexual Assault Cases
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WHAT YOU NEED TO KNOW
Obtain a protection order to guarantee your safety.
Find a safe place and do not hesitate to call emergency services.
Preserve any evidence of the assault, such as videos, messages, or medical reports.
Surround yourself with trusted friends and family who can provide the emotional support you need.
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What does the summary proceeding involve?
In cases of sexual assault in Spain where the potential sentence exceeds nine years of imprisonment, the judicial process is conducted through a summary proceeding.
PROTECTION ORDER
After filing a complaint, an immediate protection order can be requested. This includes urgent precautionary measures to safeguard the victim.
This order may include prohibiting the aggressor from approaching or contacting the victim and, in some cases, measures related to child custody or the use of the family home.
INVESTIGATION STAGE
An investigation phase begins in which all necessary evidence is gathered: witness statements, medical reports, forensic evidence, and more. This stage is crucial in determining whether the case will proceed to trial.
CONCLUSION AND OPENING OF ORAL TRIAL
Order Concluding the Investigation: Once the investigating judge considers that sufficient evidence has been gathered, a formal order concluding the investigation is issued.
Statement of Charges: The prosecutor, the private prosecution (if any), and the defense submit their respective indictments and defense briefs, setting out their claims.
Order Opening the Oral Trial: If the judge finds sufficient grounds, an order is issued to proceed to trial.
ORAL TRIAL
Competent Court: The summary proceeding is held before the Provincial Court, composed of three judges.
Conduct of the Trial: All admitted evidence is presented, including testimony from the accused, the victim, witnesses, expert reports, and any other documentary or material evidence.
Closing Arguments: After the evidence has been examined, the parties present their final arguments, adjusting their initial claims if necessary based on the evidence presented.
JUDGMENT
After assessing the evidence and arguments, the court issues a judgment that may include criminal penalties (such as imprisonment, restraining orders, or communication bans) and civil measures (such as child custody, use of the family home, or financial support).
APPEALS
Appeal: The 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 filed before the Supreme Court if it is believed that the judgment infringes the law or established case law.
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You probably still have questions
I’ve prepared a list of some of the most frequently asked questions, but if you still have concerns, feel free to email us at hola@abogadoviolenciadegenero.com and we’ll be happy to assist you.
In cases of preventive detention, it may only last for the time strictly necessary to clarify the facts. In any case, within a maximum period of 72 hours, the detainee must be released or placed at the disposal of the Judicial Authority.
It is important to get to a safe place. If possible, try not to alter the scene where the assault occurred and avoid washing your clothes or bathing, as this could destroy important physical evidence.
Seek medical attention immediately, even if you do not have visible injuries, and contact the police to report the incident.
Sexual assault against a woman can be reported by the victim herself before the State Security Forces (Police Station or Civil Guard Post) or directly before the court.
It may also be reported by witnesses, including law enforcement officers or medical professionals assisting the victim, who can forward the medical report directly to the court.
A medical examination may be carried out by a healthcare professional trained to assist victims of sexual assault.
The purpose is to treat any physical injuries, prevent sexually transmitted infections and unwanted pregnancies, and collect evidence that may be used in legal proceedings.
No. The proceedings will continue as long as there is evidence or indications that a sexual assault occurred.
However, the alleged victim may choose not to testify against their partner, provided they withdraw as a private prosecutor in the case.
Sexual assault is a legal term that covers any sexual contact or behavior that occurs without the explicit consent of the other person. This includes, but is not limited to, unwanted touching, rape, attempted rape, and other forms of sexual coercion.
A Protection Order is a judicial decision issued when there are well-founded indications of domestic violence offenses and an objective situation of risk for the victim. It grants protection through the adoption of precautionary criminal and civil measures, and activates necessary social assistance and protection mechanisms.
Criminal measures:
Deprivation of liberty
Restraining order
Prohibition of communication
Prohibition from returning to the place of the offense or the victim’s residence
Seizure of weapons or other dangerous objects
Civil measures:
Attribution of the use and enjoyment of the home
Custody, visitation, and communication arrangements regarding children
Child support
Protective measures for minors to prevent risk or harm
Note: Civil measures are valid for 30 days and may be extended if divorce, separation, or parental proceedings are initiated before that period expires.
Social assistance and protection measures:
As provided by national and regional legislation.
A Protection Order is a judicial resolution. If it is breached, it may result in imprisonment for the offense of violating a judicial order.
Article 468 of the Criminal Code states:
Those who violate their sentence, security measure, prison term, precautionary measure, or custody shall be punished with a prison sentence of six months to one year.
Given the severity of the potential penalties (more than 9 years) and the amount of evidence that must be gathered, proceedings may take up to five years, depending on the circumstances of the case.
If a Protection Order is breached, it may lead to imprisonment for the offense of violating a judicial order, in accordance with Article 468 of the Criminal Code (six months to one year of imprisonment).
Proving sexual assault can be complex and largely depends on the specific circumstances of the case. Evidence may include the victim’s testimony, witness statements, forensic evidence (such as sexual assault kits), medical records, and electronic communications that may demonstrate lack of consent or the state of mind of the parties involved.
The law provides for the right to immediate school enrollment if, as a consequence of being a victim of sexual assault, you are required to change your residence.
Confidentiality is of utmost importance in sexual assault cases. The law protects the identity of victims in the media and, in certain cases, in court proceedings. Case records may be sealed, and pseudonyms can be used to safeguard the victim’s identity throughout the legal process.
The Court will arrange for the State Security Forces to accompany the person to the residence in both cases, whether it is the aggressor or the victim, to ensure safety during the collection of personal belongings.
Affirmative consent is a legal standard that defines consent as a clear, voluntary, and ongoing agreement between the parties to engage in sexual acts.
The absence of resistance does not equal consent. This concept is crucial, as an aggressor may be convicted if affirmative consent was not obtained prior to the sexual act.
The crime of “abandonment of the home” does not exist. The only related offense is abandonment of family, which applies if a parent stops providing the necessary support to their children.
You have the right to leave your home without it being considered abandonment of family.
However, you should file for separation or provisional measures as soon as possible before the Court of First Instance or Family Court in your area. It is also advisable to file a complaint detailing the sexual assaults, as previously explained.
Custody of minor children is determined by a judge. In cases involving abusive men, judges often consider it more appropriate for the children to live with the mother, prioritizing the best interests and well-being of the minors.
You should file for separation or provisional measures as soon as possible before the competent court. It is also advisable to report any abuse suffered.
If you left home and were unable to take your children with you, request a protection order from the court. This will allow the judge to immediately determine custody, use of the home, child support, and visitation arrangements.
You should also file for separation or provisional measures as soon as possible and report any abuse suffered.
When requesting a protection order, ask your lawyer to include the need for social and/or financial assistance, or contact your local Social Services so that financial hardship is never a reason to return to the aggressor.
You can also immediately contact the nearest 24-Hour Women’s Center and call 900 58 08 88 for support.
You may request that visits take place at a Family Meeting Point (Punto de Encuentro Familiar), ensuring that your address remains confidential.
You may exercise your right not to testify. However, regardless of your statement, the Public Prosecutor’s Office may continue the proceedings ex officio if there are sufficient grounds to do so.