False gender violence accusation in Spain: how to prove your innocence

Being reported for gender violence, sometimes with an arrest included, is a disorientating experience. It is normal to feel anger or fear, and to want to “sort it out” by talking to the other person. That impulse is precisely what can harm you most. In this article we explain, from the defence perspective and with rigour, how the process works, what you should and should not do, and when a complaint can be considered false for criminal law purposes. If you are not sure whether your case is one of gender violence or domestic violence, read about the differences between gender violence and domestic violence: the court and the penalties are different.

The presumption of innocence: the starting point

Article 24.2 of the Spanish Constitution (Constitución Española) guarantees every accused person the right to the presumption of innocence. In practice this means that:

• The burden of proof lies with the prosecution (the Public Prosecutor’s Office (Fiscalía) and, where applicable, the private prosecution (acusación particular)).
• A conviction requires sufficient incriminating evidence, obtained with due safeguards and examined at trial.
• If reasonable doubt remains, the accused must be acquitted.

That said, in these proceedings the complainant’s statement can be sufficient incriminating evidence if the court finds it credible. That is why the defence cannot simply deny the allegations: that testimony must be analysed and evidence that contradicts it must be put forward.

What to do in the first few hours

If you are arrested or summoned as a suspect (investigado), you have the right to remain silent, not to incriminate yourself and to be assisted by a lawyer from the very first moment (art. 520 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim)). We explain this in detail in our service of legal assistance for people detained for gender violence.

• Do not make a statement before speaking to your lawyer. An improvised statement at the police station may contain contradictions that are later used against you.
• Do not accept a plea agreement (conformidad) without understanding its consequences. In fast-track trials (juicios rápidos), pleading guilty reduces the sentence by one third (art. 801 LECrim), but it means a conviction, a criminal record and, for these offences, a mandatory order prohibiting you from approaching the victim (art. 57.2 CP).
• Explain the whole context to your lawyer: the relationship, the separation, whether family proceedings are under way, who has the children, previous arguments, recent messages.

What you must never do

• Do not contact the complainant, either directly or through friends, relatives or social media, even if no measures are in place. Any message can be interpreted as pressure or intimidation.
• Do not delete messages, voice notes, photos or histories. Even if you think something harms you, deleting it may also remove what helps you, and it gives an impression of concealment. Your lawyer will assess what to submit.
• Do not post anything about the case or about her. Besides damaging your defence, you could commit other offences.
• Do not use the children as messengers. If there are minors, matters relating to contact are resolved through the courts.

Exculpatory evidence: how the defence is built

Proving that something did not happen is difficult, so the defence works on two fronts: putting forward evidence that contradicts the account and analysing the credibility of the incriminating testimony.

Evidence worth gathering as soon as possible

1. Complete messages and conversations (not isolated screenshots), with dates, showing the real tone of the relationship or contradicting the allegations. A forensic IT expert report guaranteeing their authenticity can be useful.
2. Location data and records: mobile phone geolocation, work clock-in records, card payments, tolls or tickets showing where you were.
3. Security cameras: footage must be requested quickly, because data protection rules require recordings to be deleted within a maximum of one month unless they are kept to prove facts (art. 22.3 of Organic Law 3/2018).
4. Witnesses who saw the events or the state of both of you before and after. On their value, see the role of witnesses in gender violence cases.
5. Medical reports that do not match the way the injuries are said to have been caused, or the absence of such reports when the account would make them expected.
6. Parallel civil proceedings: the dates of the divorce or custody claim, which may be relevant when assessing possible motives.

The credibility of the testimony

The case law of the Supreme Court (Tribunal Supremo) uses three guiding criteria to assess the victim’s statement when it is the main evidence:

• Absence of subjective lack of credibility: there must be no ulterior motives (resentment, revenge, financial interest or an interest in family proceedings) that undermine the reliability of the account.
• Plausibility: the account must be logical and corroborated by peripheral objective evidence.
• Persistence in the accusation: it must be maintained without significant contradictions throughout the proceedings.

It is important to be precise: a contentious divorce does not automatically make the complaint false, and the courts know this. The defence must establish specific contradictions, a lack of corroboration or objective facts that are incompatible with the account.

If you have also suffered assaults, you may consider filing your own complaint. We explain this in cross-complaints in gender violence cases.

Dismissal, discontinuance and acquittal

The proceedings can end without a conviction in several ways:

None of these decisions on its own means that the complaint was false: an acquittal for lack of evidence indicates that what happened has not been established, not that a lie has been proved.

False accusation and false reporting (art. 456 CP)

Article 456 of the Criminal Code punishes anyone who, knowing it to be false or with reckless disregard for the truth, accuses another person of acts that would constitute an offence before a judicial or administrative official obliged to investigate them. Its requirements are:

1. Accusing a specific person of acts which, if true, would constitute a criminal offence.
2. Doing so before a judge, prosecutor, police officer or other official with a duty to investigate them.
3. Knowing it is false or acting with reckless disregard for the truth. It is not enough that the facts could not be proved.
4. There must be a final judgment or a final order of discontinuance or dismissal in the main case. Only then can proceedings be brought against the complainant, either by the authorities of their own motion if there are sufficient indications of falsehood, or on a complaint by the injured party.

The penalty is six months to two years in prison and a fine if a serious offence was alleged; a fine of twelve to twenty-four months if it was a less serious offence; and a fine of three to six months if it was a minor offence.

As for how often it happens, the 2026 Annual Report of the State Public Prosecutor’s Office (Memoria de la Fiscalía General del Estado) states that, between 2009 and 2025, out of 2,655,581 gender violence complaints, 191 ended in convictions for false reporting, which amounts to 0.007%. The figure does not include cases that were never investigated as such, but it is the only official figure available.

Frequently asked questions

Can I be convicted on the complainant’s word alone?

Yes, it is possible. The Supreme Court accepts that the victim’s statement can be sufficient incriminating evidence if it passes a rigorous credibility test: absence of ulterior motives, plausibility with objective corroboration and persistence without significant contradictions. That is why it is essential for the defence to analyse that testimony in detail and put forward objective evidence that contradicts it.

What happens if she writes to me and I have a restraining order?

Do not reply or go to any meeting. The order binds you, not her, and the consent of the protected person does not cancel out the offence of breach, which is punishable by six months to one year in prison (art. 468.2 CP). Keep those messages without replying and tell your lawyer, who will assess whether to ask the court to modify the measure.

If I am acquitted, can I report her for false reporting?

Only if there are indications that she lied knowingly or with reckless disregard for the truth. An acquittal for lack of evidence is not enough. Article 456 CP also requires the main case to have ended with a final judgment or a final order of discontinuance or dismissal. Your lawyer can assess whether a criminal complaint (querella) is viable in light of the outcome of the proceedings.

Is it a good idea to accept a plea agreement in a fast-track trial?

It depends on the existing evidence, and it should never be decided in a hurry. A plea agreement reduces the sentence by one third, but it means a final conviction, a criminal record, a mandatory ban on approaching the victim and consequences for custody of and contact with the children. If the allegations are untrue, it is advisable to study the defence thoroughly before accepting.

A good defence starts in the first few hours. Celeste Pérez Bleda, a criminal lawyer with 20 years of experience, defends men who have been reported, with a rigorous approach that respects the process, through her service of defence for men in domestic and gender violence cases. If you have just been arrested or summoned, call 607 449 491, available 24 hours a day.