Sexual Assault Penal Code

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Sexual Assault Penal Code

The crime of SEXUAL ASSAULT IN THE CRIMINAL CODE, has been the subject of reform in recent times, the news having constantly broken, opening news programs in the media on the issue of SEXUAL ASSAULT CRIMINAL CODE. We all know perfectly well the Law that has given rise to the modification of the SEXUAL ASSAULT CRIMINAL CODE, which is the famous law of “only if it is yes”. 

To learn a little more closely about the CRIME OF SEXUAL ASSAULT CRIMINAL CODE we have contacted him BEST SEXUAL ASSAULT CRIME LAWYER IN SPAIN, who is JAVIER RINCÓN, director of RINBER ABOGADOS, SPECIALIST LAWYERS IN SEXUAL CRIMES), so that from his point of view, as an EXPERT IN SEXUAL CRIMES, he brings us closer to the LEGAL REGULATION OF THE SEXUAL ASSAULT CRIMINAL CODE

Sexual Assault Penal Code
Sexual Assault Penal Code

There has been a lot of talk about toughening sentences for crimes of sexual assault. What is your opinion, Mr. Rincón? 

The Spanish Penal Code establishes different types of crimes with penalties proportional to their severity, and each type of crime has its own specific penalties. The criminal justice system seeks to ensure that penalties are proportional to the seriousness of the crime and the guilt of the perpetrator, following the principle of individualization of punishment.

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Crimes

More serious crimes, such as homicide, generally carry higher penalties, which can include long-term imprisonment or even life imprisonment in certain particularly serious cases. On the other hand, crimes against sexual freedom are also penalized according to their severity, but their penalties may be different depending on the nature of the crime and the specific circumstances of the case.

What effectively draws the attention of the general public is that a crime of homicide is punishable by between 10 and 15 years, which entails the loss of a human life, and aggravated sexual assault can be punished by 15 years. 

Logically, each case will have to be seen individually, that is, case by case, since effectively, the principle of individualization of the sentence must operate... 

And what is the principle of individualization of the sentence in the crime of sexual assault about, Mr. Rincón?

The principle of individualization of the sentence also applies to the crime of sexual assault in the Spanish Penal Code. This principle establishes that when imposing a sentence for a crime of sexual assault, the judge must take into account the particular circumstances of the crime and the offender to determine the appropriate sanction.

Spanish Penal Code

In the Spanish Penal Code, (LA SEXUAL ASSAULT CRIMINAL CODE), the crimes of sexual assault are regulated in Title VIII, Chapter II, Section 1, which includes articles 178 to 181 bis. Article 178 defines sexual assault, while article 179 deals with the crime of sexual assault with penetration. These crimes may include, but are not limited to, rape and serious sexual assault.

When imposing the sentence for a crime of sexual assault, (LA SEXUAL ASSAULT CRIMINAL CODE), the judge takes into account various factors, including the seriousness of the crime, the circumstances of the event, the consequences for the victim and the personal circumstances of the aggressor. Judges can also apply mitigating or aggravating circumstances to adjust the sentence according to the particular situation of the case.

Furthermore, it is relevant to keep in mind that the Spanish Penal Code considers the commission of sexual crimes against minors and people with disabilities to be especially serious, which can lead to higher penalties.

It is essential that judges take all these factors into account when determining the sentence, seeking to ensure that the sentence imposed is fair and proportionate to the crime committed, and taking into account respect for the rights and dignity of the victim and the accused. The goal is to ensure that each case is treated individually and that penalties are appropriate to the severity of the sexual assault and the culpability of the aggressor.

In any case, if you have any questions related to this serious crime, do not hesitate to contact the number 1 office in Spain, do not hesitate to contact RINBER ABOGADOS. 

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