The legal framework
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.
Official sources and links
- 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
- 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