Sexual Offence Defence in Marbella
Accusations of sexual assault, rape or sexual groping in Marbella must be taken with the utmost seriousness from the very first moment. Spanish law has been significantly reformed in recent years — the Ley Orgánica 10/2022 (known as the "Sólo sí es sí" law, later amended) restructured sexual offence categories and penalties. Navigating this legal landscape requires a criminal lawyer with specific expertise in sexual offences and deep knowledge of the Málaga court system.
Our Marbella sexual offence lawyer has extensive experience defending clients against the full spectrum of sexual crime allegations, from groping charges arising in nightlife settings to the most serious rape allegations. We approach every case with rigour, discretion and an unwavering commitment to your legal rights.
If you have been arrested or are under investigation for a sexual offence in Marbella: Exercise your right to silence. Do not give any statement to police without your lawyer present. Call us at +34 604 54 52 81 — available day and night.
Sexual Offences We Defend in Marbella
Our criminal lawyer in Marbella defends individuals accused of all categories of sexual offences under the Spanish Penal Code (Código Penal), including:
- Sexual assault (agresión sexual) — unwanted sexual contact without penetration
- Sexual groping (tocamientos) — touching or groping allegations, often in nightclubs or public spaces in Marbella and Puerto Banús
- Rape (violación) — sexual assault involving penetration
- Gang rape (agresión sexual en grupo) — cases involving multiple accused
- Sexual harassment (acoso sexual) — workplace and public harassment allegations
- Sexual offences against minors — the most serious category, requiring specialist expertise
- Exhibitionism and sexual provocation
- Child pornography offences
- Online sexual offences — grooming, sexting under duress, intimate image distribution
Penalties for Sexual Offences in Spain
Spain's sexual offence laws were substantially reformed by Ley Orgánica 10/2022 and subsequent amendments. The current sentencing framework under Articles 178–183 of the Penal Code is as follows:
| Offence | Sentence Range | Aggravated |
|---|---|---|
| Sexual assault (no penetration) | 1–4 years | Up to 6 years |
| Rape (with penetration) | 4–12 years | 7–15 years |
| Aggravated rape (violence, weapons, group) | 7–15 years | Up to 20 years |
| Sexual assault on a minor under 16 | 2–10 years | Up to 15 years |
| Rape of a minor under 16 | 10–12 years | 12–15 years |
A conviction also typically carries a restraining order (alejamiento), sex offender registration, and can result in civil compensation claims and immigration consequences for foreign nationals residing in Spain.
Sexual Assault Defence — Marbella
Sexual assault allegations in Marbella frequently arise from misunderstandings, disputed consent or false accusations — sometimes motivated by personal conflict, relationship breakdown or financial claims. Our criminal lawyer investigates every aspect of the complainant's account and the circumstances surrounding the alleged offence.
Common Defence Strategies for Sexual Assault in Marbella
- Challenging the credibility of the complainant's account — identifying inconsistencies across police statements, medical reports and court testimony
- Establishing consent — gathering communications, CCTV footage, witness accounts and digital evidence that support a consensual interaction
- Alibi evidence — phone records, hotel CCTV, witness testimony proving you were elsewhere
- Challenging forensic evidence — DNA, medical examination reports and their interpretation
- False allegation defence — documenting motive for a fabricated complaint
- Procedural challenges — exposing violations of your rights during arrest, questioning or investigation
Tocamientos — Sexual Groping Charges in Marbella
Sexual groping allegations (tocamientos) are particularly common in Marbella's nightlife areas — Puerto Banús, the Golden Mile, the old town and beach clubs. These charges most frequently arise from incidents in crowded bars, clubs or beaches where physical contact is ambiguous and witnesses may have limited recollection.
Groping charges, though apparently less serious than rape, still constitute agresión sexual under current Spanish law and can result in custodial sentences and sex offender registration. Our Marbella criminal lawyer challenges these allegations robustly, including through CCTV analysis, witness interviewing and expert psychological evidence where appropriate.
Rape Defence Lawyer in Marbella
Rape (violación) is the most serious sexual offence category in Spanish law and carries sentences of up to 15 years' imprisonment, potentially higher with aggravating factors. Our Marbella rape defence lawyer has experience handling these most complex and sensitive criminal matters.
Our approach to rape defence in Marbella includes:
- Immediate attendance at the police station to prevent prejudicial statements
- Independent forensic review of all physical and medical evidence
- Full analysis of the complainant's prior statements for inconsistencies
- Instruction of expert witnesses — forensic psychologists, medical experts
- Digital evidence review — phone records, social media, dating app communications
- Application for bail at the earliest opportunity
- Representation at the Audiencia Provincial de Málaga
Charged with a sexual offence in Marbella? The prosecution will be building its case from the moment of arrest. You need a specialist criminal lawyer working equally hard from day one. Call +34 604 54 52 81 — we are available now.
Reputation Protection During Sexual Offence Proceedings
We understand that a sexual offence allegation — regardless of outcome — can devastate careers, relationships and reputations. For foreign nationals in Marbella, the consequences can extend to deportation, visa issues and professional licensing. Our criminal lawyer advises on:
- Maintaining confidentiality during proceedings
- Avoiding public statements that could be used against you
- Addressing immigration and residency implications of a conviction
- Exploring spent conviction and rehabilitation pathways following acquittal
Areas We Serve — Sexual Offence Defence
Our sexual assault defence lawyer represents clients across the Costa del Sol and Málaga Province, including all of the following locations:
- Marbella — including Puerto Banús, Nueva Andalucía, San Pedro de Alcántara
- Estepona and Manilva
- Fuengirola, Mijas and Benalmádena
- Torremolinos and Málaga city
- Nerja, Vélez-Málaga and the Axarquía
- Ronda and the Serranía