Criminal law when dealing with sexual assaults, the basic type is included in article 178 CP where the person who “attempts against the sexual freedom of another person using violence or intimidation” is punished.
Penalty for sexual assaults: prison from one to five years.
Legal right that protects in this type the criminal law is sexual freedom, and also facets related to the dignity and even the health of the victim and the freedom itself.
Active subject: anyone.
Passive subject: anyone. It must be a living person.
Action: consists in putting at risk the sexual freedom of another with violence or intimidation. It is necessary that objective and subjective elements concur.
* The first consists of conduct of a sexual nature performed on the body of another person without their consent.
* It is necessary a subjective element of the unfair characterized by the lubricious purpose pursued by the active subject, libidinous animus.
Català Reinón criminal lawyers. Our lawyers are experts in criminal law
Català Reinón Lawyers | Sexual assaults
Our lawyers specialized in criminal law will explain that crimes against sexual freedom can be committed in commission by omission, provided that there is a guarantor who has the duty to prevent the crime.
Criminal law requires sexual assaults to be carried out with violence or intimidation, and that there is a reason for causality between violence or intimidation and the behavior of the subject.
Our expert lawyers in criminal law detail that the consent excludes the typicality, because we will not talk about sexual assaults when the other person accepts the sexual relationship. It is not valid when it is obtained by violence or intimidation, or by under the age of 16 years or disabled person.
Penalist lawyers in Barcelona and Sabadell
Regarding the forms of execution, our lawyers with extensive experience in criminal law, especially sexual assault, explain that the crime is perpetrated with the performance of the acts that the subject carries out on the body of the victim for libidinous purposes.
It is not necessary for the subject to achieve lubricious satisfaction or sexual desire, the attempt is possible, when the active subject initiates contact with the body of the victim, but it is not achieved because of the resistance of the passive subject or by intervention of a third.