Tougher penalties for sexual assaults and fixes to earlier laws

Automatic summary, not yet reviewed

1. Sexual assaults committed with violence, intimidation or when the victim's will is nullified now carry tougher penalties. These acts are excluded from the reduced offense type that allowed lower penalties.
2. Penalties for aggravated sexual assault are adjusted, both for adult victims and for minors under sixteen, and the rules for cases with several aggravating circumstances are corrected.
3. The aggravating factor of committing the crime taking advantage of a family or cohabitation relationship now covers any relative, not only parents, grandparents or siblings. The term «autor» (author) is also replaced by «persona responsable» (responsible person).
4. Punishment is restored for anyone who distributes online or by phone content that promotes sexual offenses, which had been left out due to an error in an earlier law.
5. Less serious sexual offenses return to the Juzgados de lo Penal (criminal courts), to avoid delays in the Audiencias Provinciales (provincial courts). The law on criminal responsibility of minors is also corrected, since in some cases it imposed harsher penalties on minors than on adults.
6. Crimes committed before this law takes effect are judged under the previous law, unless this law is more favorable to the convicted person. In that case, final judgments can be reviewed.

Who it affects

• Victims of sexual assault, who get tougher penalties for violent cases and more protection when the attacker is a relative.: benefit
• People convicted of sexual offenses, who can request a review of their sentence if this law is more favorable to them.: affected
• Minors under sixteen who are victims of sexual assault, with aggravated penalties restored from the previous regulation.: benefit
• Juzgados de lo Penal (criminal courts) and Audiencias Provinciales (provincial courts), which change how less serious sexual offenses are assigned.: affected
• Minors who commit serious sexual offenses, whose measures are adjusted so they are not harsher than those for adults.: affected

Words worth knowing

Tipo atenuado (reduced offense type)

A version of a crime with a lower penalty, applied when the acts are less serious.

Circunstancia agravante (aggravating circumstance)

A detail of the crime that makes the penalty higher, such as using weapons or acting in a group.

Sentencia firme (final judgment)

A judgment that can no longer be appealed and must be served.

Audiencia Provincial (provincial court)

The court that tries the most serious crimes in each province.

Prevalimiento (taking advantage of a position)

Abusing a situation of trust, authority or superiority over the victim.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries