Consent and age of consent
Organic Law 1/2015 raised the age of sexual consent from 13 to 16: sexual acts with a child under 16 are an offence (article 181 of the Penal Code after the 2022 reform: 2 to 6 years' imprisonment, 6 to 12 with penetration, aggravated by violence, authority or vulnerability), save the 'Romeo and Juliet' clause of article 183 quater: there is no offence if consent is free and the perpetrator is 'close in age and degree of development or maturity' to the minor. Organic Law 10/2022 on the comprehensive guarantee of sexual freedom ('only yes means yes') merged abuse and assault into a single offence of sexual assault defined by the absence of consent: consent exists 'only when it has been freely expressed through acts which, in the circumstances of the case, clearly express the person's will' (article 178), with penalties of 1 to 4 years, 4 to 12 with penetration (rape); Organic Law 4/2023 raised the penalties where there is violence or intimidation after the sentence reductions the reform caused. Drug-facilitated assault is an aggravating factor, sexual harassment an offence, and the non-consensual sharing of intimate images an offence (article 197.7). Limitation for sexual offences against minors starts when the victim turns 35 (Organic Law 8/2021). Minimum age of marriage 16 with emancipation.
Spain's rules are now very close to those of England and Wales: age of consent 16, a consent-based definition of assault, no automatic bar for the young couple close in age. The differences are in detail — Spain's close-in-age exception is a legal defence rather than prosecutorial discretion, and its penalties for rape (4 to 12 years, up to 15 aggravated) are lower than the English life maximum — and in procedure: victims have a right to free legal assistance and to give pre-recorded evidence.
British nationals are subject to Spanish law for acts in Spain and can also be prosecuted in the UK for sexual offences against children committed abroad (Sexual Offences Act 2003, section 72). British victims in Spain have the same rights as Spaniards, including an interpreter, the 24-hour crisis centres and the 016 line, and can also report on return to the UK, though the investigation will be Spanish; the consulate provides support and lists of English-speaking lawyers, not legal representation.
Key points
| Age of consent | 16 (since 2015); close-in-age and maturity exception (article 183 quater) |
|---|---|
| Definition of consent | Free expression through acts that clearly show the person's will (article 178, Organic Law 10/2022) |
| Sexual assault | Any sexual act without consent: 1 to 4 years; rape (penetration) 4 to 12; aggravated by violence, drugging, group |
| Under 16 | Article 181: 2 to 6 years; 6 to 12 with penetration; aggravating factors |
| Limitation | Starts at the victim's 35th birthday for offences against minors (Organic Law 8/2021) |
| Intimate images | Non-consensual sharing punished (article 197.7); sexual harassment an offence |
| Marriage | 16 with emancipation; 18 otherwise |
In practice
- Report at a police station (Policía Nacional or Guardia Civil), the duty court or the prosecutor's office; the sexual-violence victim services (24-hour crisis centres in every province since 2023) accompany you without any obligation to report.
- Go to a hospital emergency department within 72 hours for medical care, toxicology tests (drug-facilitated assault) and forensic sample collection under the protocol.
- The 016 line also covers sexual violence, in several languages including English, 24 hours a day; 900 116 016 for deaf people.
- Relations between adolescents close in age are not an offence; those of an adult with a child under 16 are, even if the child 'consents'.
- Victims have the right to free legal assistance regardless of means and to give evidence as pre-constituted proof so as not to repeat it at trial; British victims may ask for an interpreter and contact the consulate for support.
Cost and coverage
None to report; free legal assistance for victims of sexual violence regardless of income.
Recent changes
Organic Law 10/2022 came into force in October 2022 and was corrected in 2023 (Organic Law 4/2023) after sentence reductions; the 24-hour crisis centres opened in 2023 and 2024 in all provinces; reports of sexual offences have risen 40 % since 2019.
Where to go
- 016 (call, WhatsApp 600 000 016, email 016-online@igualdad.gob.es): 24 hours, free, does not appear on the phone bill, English available.
- 24-hour crisis centres for victims of sexual violence (one per province).
- Victim Support Offices (Ministry of Justice); Fundación ANAR (900 20 20 10) for minors.
- British consulates: support for British victims, lists of English-speaking lawyers; Rape Crisis in the UK for support on return.
Worth knowing
Since 2022 silence or passivity does not amount to consent: only a will expressed through clear acts counts. And the age of consent of 16 applies even if the minor agrees, unless the other person is an adolescent close in age: an adult of 25 with a girl of 15 commits an offence — and a British adult can be prosecuted for it in the UK as well.
Frequently asked questions
How does Spain's definition of consent compare with English law?
Both are consent-based, but Spain's 2022 law is more explicit: consent must be positively expressed through acts, so silence or lack of resistance is never enough, and all non-consensual sexual acts are 'sexual assault' with penetration as the aggravated form (rape, 4 to 12 years). English law asks whether the complainant agreed by choice with freedom and capacity, and whether the defendant reasonably believed so; the practical effect on evidence is similar.
I was assaulted in Spain — can I report it when I am back in the UK?
You can report to UK police, who will pass the information to Spain through international cooperation, but the investigation and any trial will be Spanish, so reporting in Spain before leaving — at a police station or crisis centre, with forensic evidence collected within 72 hours — is far more effective. The Spanish system provides free lawyers and interpreters; the consulate can help you find support.
Is there a close-in-age exception for teenagers?
Yes: article 183 quater removes the offence when the consent is free and the other person is close to the minor in age and in degree of development or maturity — typically two adolescents a few years apart. The courts assess it case by case; it never covers an adult with a child under 16.
Sources
- Organic Law 10/2022 on the comprehensive guarantee of sexual freedom — BOE
- Penal Code — articles 178-194 bis (offences against sexual freedom) — consolidated text
- Ministry of Equality — 016 and crisis centres — resources
The general article: Consent and age of consent · Compare with another country
Domestic violence
Comprehensive law against gender violence since 2004, specialised courts, a protection order issued within 72 hours, the free and confidential 016 line 24 hours a day in English and other languages, and since 2022 the 'only yes means yes' law; the VioGén system follows more than 100,000 active cases; British women have full access regardless of residence status.
Organic Law 1/2004 on comprehensive protection measures against gender violence created the courts for violence against women, the protection order, free legal assistance for victims and the associated employment and social rights; the Penal Code aggravates injuries, threats and coercion by a man against his partner or former partner. The 2017 State Pact extended protection to all forms of violence against women, and Organic Law 10/2022 redefined sexual offences around consent. Violence within other couples (woman against man, same-sex couples) is prosecuted as domestic violence (article 173.2). Between 45 and 60 women are killed by a partner or former partner each year; about 200,000 complaints are filed annually.
Spain's system is one of Europe's most developed and, in some respects, faster than the British one: a protection order — the equivalent of a non-molestation and occupation order combined, plus interim custody and maintenance — can be requested at any police station without a lawyer and is decided by a specialised judge within 72 hours; a duty lawyer is appointed free from the moment of the complaint; the VioGén police system assesses risk and follows every case.
British women in Spain have exactly the same rights, whatever their residence status: the 016 line answers in English, the specialised police units (UFAM, EMUME) have interpreters, and the consulates can help with shelter, repatriation and contact with UK services. A Spanish protection order is not directly enforceable in the UK — the EU protection-measures regulation no longer applies — so a woman who returns should apply for a non-molestation order in England, producing the Spanish order as evidence; conversely a UK order has no automatic effect in Spain.
Key points
| Telephone | 016 (24 hours, free, does not appear on the bill; also WhatsApp 600 000 016 and email 016-online@igualdad.gob.es), in English and more than 50 languages; 112 in an emergency |
|---|---|
| Protection order | Requested at a police station, court or prosecutor's office; the court for violence against women decides within 72 hours: removal, ban on contact, exclusion from the home, interim custody, maintenance |
| Complaint | At a police station (UFAM units of the Policía Nacional, EMUME of the Guardia Civil), the duty court or the prosecutor; the specialised court handles criminal and civil matters together |
| Rights | Free lawyer from the complaint, financial aid, housing priority, residence permit for foreign women (Immigration Law, article 31 bis), electronic monitoring of the aggressor |
| VioGén system | Police risk assessment and follow-up; more than 100,000 active cases |
| Figures | Between 45 and 60 women killed by a partner or former partner each year; about 200,000 complaints a year |
In practice
- In danger: 112 or 091 (Policía Nacional); the police can arrest the aggressor and bring him before the duty court.
- Call 016 for legal and psychological guidance in English, without reporting; 016 directs you to the support centres of each region.
- Report at the specialised police unit: a statement is taken, the risk is assessed (VioGén), a duty lawyer is offered and the protection order is requested, decided within 72 hours.
- Foreign women in an irregular situation are not expelled for reporting: the law suspends the file and provides a residence permit if the case proceeds; British women resident under the Withdrawal Agreement keep their status independently of the aggressor.
- The women's centres of each region offer shelter, psychological support and accompaniment; the ALERTCOPS app lets you alert the police discreetly; the British consulate can help with emergency travel documents and contact with UK refuges (Refuge, Women's Aid).
Cost and coverage
Everything is free: telephone, duty lawyer and procurador from the complaint, psychological care, shelter. Victims are also entitled to financial aid (active insertion income, the Law 1/2004 grant) and exemption from fees.
Recent changes
Law 10/2022 redefined sexual offences and caused a controversy in 2023 over reduced sentences, corrected by Law 4/2023; the 016 line was extended to all forms of violence against women. The Ministry of Equality publishes femicide figures monthly; Law 1/2004 turned twenty in 2024.
Where to go
- 016 (24 hours) and 112; Policía Nacional 091, Guardia Civil 062.
- Courts for violence against women in every judicial district.
- Government Delegation against Gender Violence (violenciagenero.igualdad.gob.es): resources by province.
- Women's centres and women's institutes of the autonomous communities; British consulates; in the UK, the National Domestic Abuse Helpline 0808 2000 247.
Worth knowing
The protection order can be requested without a lawyer at the police station itself and is decided within 72 hours: it is the most effective and the fastest instrument. Withdrawing the complaint does not close the case — the offence is prosecuted ex officio — but the victim may invoke the exemption from testifying; the duty lawyer explains the consequences. And do not leave for the UK with the children without a court order: even in cases of violence, the Hague Convention would require their return.
Frequently asked questions
I am British and my partner is violent — will the Spanish police help me even though I speak little Spanish?
Yes. Call 016 (English is available) or go to any police station; the specialised units use interpreters, a free lawyer is appointed at once, and the protection order — removal of the aggressor, ban on contact, interim arrangements for the children — is decided within 72 hours. Your residence status does not matter. The consulate can help with shelter and contact with UK services but cannot intervene in the case.
Can I take the children back to the UK to escape him?
Not without the other parent's written consent or a Spanish court order, even in a violence case: leaving would be international child abduction under the Hague Convention and the English court would order the children's return. Ask the court for violence against women, in the same 72-hour procedure, for interim sole custody and, if you want to relocate, for authorisation to move — violence is a strong ground.
Is a Spanish protection order valid in the UK?
Not automatically since Brexit. Apply to the Family Court in England and Wales for a non-molestation order (Family Law Act 1996), producing the Spanish order and police reports as evidence; it is usually granted quickly, without notice if there is a risk. Conversely, a UK order gives no protection in Spain until a Spanish court issues its own.
Sources
- Organic Law 1/2004 on comprehensive protection measures against gender violence — BOE
- Government Delegation against Gender Violence — 016 and resources — official portal
- GOV.UK — support for British nationals: victims of crime abroad — consular support
The general article: Domestic violence · Compare with another country
General sources
- Administración General del Estado — administracion.gob.es — official portal of Spanish public services, with pages in English
- Boletín Oficial del Estado (BOE) — Spanish legislation, official and consolidated texts
- British Consulates in Spain — gov.uk — living in Spain guide, consular help, lists of English-speaking lawyers