Sexual Offences Lawyer in Madrid
If you’re accused or arrested for an offence against sexual freedom, the first few days decide almost everything. Do not give a statement without a lawyer by your side. We’ll take the call ourselves. 24-hour line: 681 256 507.
Sexual offences lawyer in Madrid, available 24 hours
In these cases, what is decided in the first 72 hours (the statement, pre-trial detention, restraining orders) weighs more heavily than the trial itself. We are criminal defense lawyers in Madrid, focused on criminal law, and we act exclusively for the person under investigation. We do this with respect for the victim: an effective defense is not built on personal attacks against the complainant, but on the technical analysis of the evidence. And we handle it from start to finish.
Types of sexual offences we defend in Madrid
These are the types of sexual offences in which we take on your defense in Madrid. When the case has a digital component, it overlaps with cybercrime; and we also handle the appeals stage following a conviction.
Sexual assault
Any act against sexual freedom without consent. The reform unified here what was previously separated into sexual assault and sexual abuse. Evidence regarding consent is at the centre of the defense.
Sexual assault involving penetration
The most serious form, carrying severe penalties. We work on the expert evidence, the aggravating factors that apply, and challenging any precautionary measures.
Sexual offences against minors
Specific offences with aggravated penalties and their own limitation rules. They require specialised legal assistance from the very first hour.
What we do if you are arrested or summoned for a sexual offence
Whether you have been arrested or summoned to give a statement, what you do before your first statement will shape the entire case. This is what we do with you from the moment you call:
We take your call.
We identify the court or police station, the content of the complaint and your procedural situation, and we activate the defense at that very moment.
We give you initial guidance.
You have the right to remain silent and not to make a statement without your lawyer. We explain what is in your best interest before any appearance.
We go to the court or police station.
A lawyer from the firm travels to the examining court or police station, in the city of Madrid or in the Henares Corridor.
We speak with you privately.
In a private consultation, before you make any statement, we work out the defense strategy with you: the first statement shapes the entire case.
We assist you during your statements.
Before the judge and, where applicable, before the Police, we handle each statement with care and put forward the evidence that supports your position.
We provide this assistance ourselves, 24 hours a day, every day of the year. In the city of Madrid, the Henares Corridor, and throughout Spain.
What you are being accused of in a sexual offence
Following the reform, sexual offences are now classified as follows, and the penalty varies greatly from one to another:
- Sexual assault: any act against sexual freedom without consent (this now includes what was previously classed as sexual abuse).
- Sexual assault with penetration: the most serious form.
- Aggravated forms: serious violence or intimidation, acting as part of a group, abuse of a position of trust, particular vulnerability of the victim.
- Sexual harassment and sexual offences against minors, with their own specific rules.
- Non-consensual distribution of intimate images and grooming: sexual offences with a digital component.
Consent, the heart of the case
The reform placed consent at the heart of the case, and that is where the defence is built. These are the key areas:
- The prior context: messages, the parties’ conduct and witnesses to the circumstances.
- The initial statement: the complaint and how it evolves is the central piece of evidence; we look for contradictions and changes in the account given.
- Expert evidence: the forensic report and the psychological credibility assessment, whose scope the Supreme Court has clarified in recent rulings.
Defence strategies against a sexual offence complaint
When facing a complaint for a sexual offence, we work on several fronts at once:
- Consent. When we argue that the act was consensual, we prove it through contextual evidence.
- Aggravating factors. Many initial charges apply aggravating factors that the evidence can dismantle.
- Precautionary measures. We oppose pre-trial detention and restraining orders whenever appropriate.
- Plea agreements. When the evidence is very strong, a well-negotiated plea agreement can bring the sentence within a range compatible with suspension.
24-hour assistance when facing a sexual offence complaint
Tel. 681 256 507 · [email protected]
What penalties you face for a sexual offence
Penalties vary greatly depending on the type of offence and any aggravating factors:
- Sexual assault: 1 to 4 years’ imprisonment.
- Sexual assault with penetration: 4 to 12 years’ imprisonment.
- Aggravated forms: up to 7 to 15 years where circumstances such as acting as part of a group or the use of weapons are present.
Depending on the case, the sentence may also carry restraining orders, supervised release and civil liability. That is why the exact charge and any aggravating factors are the first front of the case.
Defence in sexual offence cases throughout the Community of Madrid
These cases are investigated by the Examining Courts (Juzgados de Instrucción) of Madrid and tried before the Criminal Courts (Juzgados de lo Penal) or the Provincial Court, depending on the penalty involved. We also handle proceedings in the Henares Corridor (Alcalá de Henares, Arganda del Rey, Coslada) and throughout the Community of Madrid, as well as appeals. Our office at Goya 20 is just steps away from the main courts in the city centre.
Your sexual offence lawyer, privately retained, not court-appointed
In a sexual offence, where the initial statement shapes the entire case, court-appointed representation covers the formalities but rarely allows time to prepare a defence expert report and a prior private interview. Choosing your lawyer through private appointment means the same firm that studies your case is the one who answers your call and attends the hearing with you. No intermediaries: we handle your case ourselves, from start to finish.
How we handle your case, step by step
From the first call after an arrest or summons for a sexual offence through to the final judgment and appeal, we work every case with the same method. We apply it equally to a sexual assault within a couple relationship and to an aggravated offence with multiple aggravating factors.
First contact
We attend to you directly, by phone or in person, even outside office hours. We identify your procedural situation and activate your defence from that moment.
Case analysis
We review the police report, the initial complaint, the forensic expert report and any prior communications between the parties. When the case warrants it, we propose a defence psychological expert report.
Strategy and preparation
We design the strategy: proving consent, challenging the aggravating factors, opposing precautionary measures, or a plea agreement when that is the best option. We prepare each milestone with you.
Defence in court
We defend you at trial before the Criminal Court or the Provincial Court depending on the sentence, and we appeal or file cassation appeals when appropriate.
Frequently asked questions about sexual offences in Madrid
After the «only yes means yes» reform, is it easier for me to be convicted?
The reform changed the penalties and the legal framework, but the evidentiary standard remains intact: a conviction requires proof beyond all reasonable doubt, and consent is established through evidence, not presumed. We will review this in your case at the first consultation.
What is the difference between sexual abuse and sexual assault?
The reform replaced the old distinction with a single framework. Today, sexual assault covers any conduct against sexual freedom without consent, whether or not violence is used; violence and serious intimidation act as aggravating factors that increase the sentence, not as the dividing line between two separate offences.
The events reported happened years ago, is it time-barred?
It depends on the applicable sentence. In sexual offences against minors, the limitation period does not begin to run until the victim turns 35; for adults, the periods range from five to twenty years depending on the sentence. This should be checked before any court appearance.
What should I do if I'm summoned to give a statement as a suspect?
Appear with a specialist lawyer and, before giving your statement, have a private interview with them to decide on your approach. What you say in that statement can be used against you, especially in the case of contradictions.
Is a plea agreement possible in a sexual offence case?
Yes, with the particular features of offences carrying higher sentences. A plea agreement must respect the legal minimums and requires a thorough review of the case file before accepting it. At the first consultation, we will tell you whether this is the best option in your case.
Our office at Goya 20, Madrid
Cervantes & Gª-Escribano Law Firm
Book an initial consultation or call us directly. We meet clients at Goya 20, by phone and by video call, with the confidentiality inherent to professional practice.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 AM – 7:00 PM (assistance to detainees 24/7)
Call a sexual offences lawyer in Madrid
A sexual offence case is decided in the first 72 hours: the statement, the opposition to precautionary measures and the evidence of consent. The sooner you call us, the more room we have to act. We assist clients in Madrid and throughout Spain. Call us on 681 256 507.
