Arrested in SpainSexual Assault

There are two major aspects to this crime – those who have suffered an attack, and those who have been accused of committing the offence. Of course, this is – rightly – a highly emotive offence in our society and is therefore treated in a unique way. As with all alleged offences, there is a presumption of innocence and a right to a trial. This can often be a traumatic experience for any victim of such a crime.

Victims

If you are a Victim of a sexual assault, it is highly recommended to immediately call an ambulance or visit the nearest hospital, if needed and, obviously, to call immediately the police or visit the closest police station in order to file a report.

Once the report is made, you will be called to make a statement to the police and, usually the next day, before a Court. When making such a statement you have the right to be assisted by a translator, if you don’t speak Spanish. You should request one if they are not initially provided.

You have the right to be party in the proceeding against the defendant. In order to do that you have to appoint a lawyer and a procurador (an agent of the court required to be present in legal proceedings).

You can claim compensation against the defendant within the criminal proceedings.

Defendants

If someone has reported you as the author of a sexual assault, according to the seriousness and the credibility of the report you may be arrested by the police.

Once you are arrested, you will make a statement to the police and, usually the day after, before the Court.

You will be assisted by a lawyer, in case you don’t appoint any lawyer you will be randomly assigned a public lawyer. Please note that is highly probable that the public lawyer will not be able to speak English, as most lawyers in Spain do not speak English.

In any case, this is not necessarily a problem since you always have the right to appoint a private lawyer, at any stage in the proceedings.

Furthermore, you always have the right to be assisted by a translator, if you don’t speak Spanish.

After arrest the Court will probably release you, unless the situation is considered to be particularly serious. So, you may be released with charges (passport withdrawn, required to confirm an address for notifications by the Court) and the proceedings will then usually take place.

For these reasons, it is really important to always maintain communications with your lawyer, even if you have been released, otherwise your chances of receiving a guilty verdict will be much higher, as you won’t be able to be defended properly in the legal proceedings.


28 Lawyers Offering Services in Spain

Testimonials for Criminal Law
  • Elin Dahms Konig
    Elin Dahms Konig, Seville

    I recommend Rafa who helped me through a tough situation where I was wrongly accused in a case of fraud. His advice, support and professionalism were outstanding!


    Feb 28, 2020
  • Stefan Olivier
    Stefan Olivier, Ibiza

    Rosa was incredibly helpful and also patient with me. I would recommend her to anyone as she is incredibly professional and knows how to advise a distressed client brilliantly.


    Sep 07, 2019
  • Jason McNabb
    Jason McNabb, Fuengirola

    Very professional and a first class service at very short notice.


    Everything was under control in a short space of time. Alvaro was a man of his word. Anything he said he would do he done it. Me and my family appreciate everything you done for my brother thank you so much.


    Jul 16, 2019
  • Clare Parlour
    Clare Parlour, Mallorca

    Initially I had a lot of communication but as time went on it was difficult to get prompt responses and I felt frustrated by the Spanish system and lack of understanding.


    It has now been transferred to the UK but this was done through the court and not the solicitor. it took 3 months for our file to turn up in the UK and I think that was more by luck.


    More regular communication especially as we didn't know the Spanish legal system.


    Jul 09, 2019
  • Breda McMahon
    Breda McMahon, Gran Canaria

    Esther provided a very professional and efficient service.


    I would certainly recommend her!


    Jun 25, 2019
  • Andy and Diane Heston
    Andy and Diane Heston, Fuengirola

    We have recently had to employ the services of a lawyer, to deal with a very serious and distressing problem. We found Alvero and made a phone call to him ,within seconds of speaking to him he proved to be the lawyer to represent us.


    His knowledge of our particular problem was in depth and precise he listened carefully and gave us really sound and honest advice. His professionalism in handling our case has been impressive to say the least but he has also remained sympathetic and constantly kept us up to date with everything he has been doing at every stage.


    This has helped to minimize the stress at this extremely stressful time I would have no hesitation in recommending Alvero. His professionalism and whole attitude towards his clients is second to none


    May 24, 2019
  • John Grant
    John Grant, Arrecife, Lanzarote

    Very sympathetic. Excellent advice.


    May 16, 2019
  • Rhys Keely
    Rhys Keely, Mallorca

    Rosa was very understanding and helpful in all matters. She explained everything and went above and beyond to assist.


    So lucky to have found her at a difficult time.


    Jan 29, 2019
  • Samuel S Perrie
    Samuel S Perrie, Scotland

    Great service, always very attentive communication, was excellent via email and Skype, always let me know what was happening stage by stage.


    Nov 20, 2018
  • David Grundy
    David Grundy, UK

    Jose was very polite and we received an excellent service from him.


    Nothing was to much trouble and his communication was 2nd to none. Highly recommended!


    Aug 24, 2018
  • Martina
    Martina, Plymouth

    Erardo was fantastic and helped immensely during a very difficult situation.


    He consulted with my lawyer in the UK and explained to her what needed done. Without him the situation would not have been resolved. He was very understanding and I would have no hesitation whatsoever in recommending him. Outstanding.


    Mar 05, 2018
  • John Wedlake
    John Wedlake, Murro de Alcoi, Spain

    Very satisfied with Jose-Antonio's service, in particular I appreciated the completely honest appraisal of the situation. Will definitely use this service again.


    Jul 30, 2017
  • Andriy Shevchuk
    Andriy Shevchuk, Ukraine, Lviv

    Jose Antonio is a very professional lawyer. He have very good experience and clear vision of case. Also digging deeply in all details.


    Very professional Lawyer.


    Apr 05, 2017
  • Harold Thomas
    Harold Thomas, Manchester UK

    The help I received from Juan on behalf of my sister in law Sandra, was invaluable.


    He is an excellent professional who I can highly recommend, if I was ever in need of legal assistance in Spain he would definitely be the first person I would contact.


    Many thanks Juan for your help.


    Jan 13, 2017
  • Kenneth Madden
    Kenneth Madden, Gran Canaria

    Very professional, very helpful and always responded promptly to any queries I had.


    Oct 23, 2016
  • KSC
    KSC, Ireland

    She was very helpful, always happy to assist.


    I was very satisfied with the service.


    Oct 18, 2016
  • Martin Rawlings
    Martin Rawlings, Baza

    I am very pleased with the time and trouble taken by Álvaro in advising me and acting on my behalf.


    His English was more or less fluent and I would definitely use his services again.


    Apr 07, 2016