What is sexual coercion and how to report it in Spain

Many women do not call what happened to them “assault” because there were no blows: it was insistence, fear, a veiled threat or the feeling that there was no other way out. Spanish law changed precisely to protect these situations. Here we explain what the Criminal Code says today, which conduct is an offence and how to take the step of reporting it.

Consent: the key since Organic Law 10/2022

Organic Law 10/2022 on the Comprehensive Guarantee of Sexual Freedom (Ley Orgánica 10/2022, de garantía integral de la libertad sexual, known as the “only yes means yes” law) reformed sexual offences with effect from 7 October 2022. Its main change was to put consent at the centre. Article 178.1 of the Criminal Code (Código Penal) states that consent will only be deemed to exist when it has been freely expressed through acts which, in view of the circumstances of the case, clearly express the person’s will.

This means that silence, passivity or not resisting do not amount to a “yes”. And consent obtained through pressure, blackmail or fear is not free consent.

The law also abolished the old distinction between sexual “abuse” and sexual “assault”: today every non-consensual sexual act is sexual assault. Organic Law 4/2023 later adjusted the penalties and again punished more severely the cases involving violence or intimidation.

Which conduct is an offence

Sexual assault (arts. 178 to 180 CP)

Sexual acts carried out with violence or intimidation, by abusing a position of superiority or a situation of vulnerability, or on persons who are unconscious or whose will has been overridden, are in all cases considered sexual assault (art. 178.2). Many cases of “sexual coercion” fall here: threatening to share intimate photos, to harm someone, to make the victim lose her job or home, or taking advantage of the fact that the victim depends financially on the abuser. If the threat involves sharing intimate images, you may also find our article on revenge porn and gender violence on social media useful.

The penalties increase (art. 180) where there are aggravating circumstances, including that the victim is or has been the abuser’s wife or partner, even without living together; that two or more people act together; that the victim is particularly vulnerable; or that the victim’s will has been overridden with drugs or medication (so-called chemical submission).

Sexual harassment (art. 184 CP)

This offence is committed by anyone who requests sexual favours, for themselves or for another person, in the context of an ongoing or habitual employment, teaching, service or similar relationship, causing the victim an objectively and seriously intimidating, hostile or humiliating situation. The penalty is six to twelve months in prison or a fine, plus professional disqualification. If the perpetrator takes advantage of his hierarchical superiority or announces some harm (“if you don’t agree, I won’t renew your contract”), the penalty rises to one to two years in prison.

Harassment of a sexual nature (art. 173.4 CP)

Since Organic Law 10/2022 it is also an offence, albeit a minor one, to address another person with expressions, behaviour or propositions of a sexual nature that create an objectively humiliating, hostile or intimidating situation for them, without amounting to a more serious offence. This is what is known as street harassment. It is only prosecuted if the victim files a complaint.

Which court investigates it since 3 October 2025

Organic Law 1/2025 turned the former Courts for Violence against Women into Violence against Women Sections of the Courts of First Instance (Secciones de Violencia sobre la Mujer de los Tribunales de Instancia). Since 3 October 2025, these Sections also investigate offences against sexual freedom, female genital mutilation, forced marriage, harassment of a sexual nature and trafficking for sexual exploitation when the victim is a woman, even if the abuser is a stranger, a colleague or a boss (art. 89.5.h of the Judiciary Act (Ley Orgánica del Poder Judicial)).

In Alicante, therefore, the case will be investigated by the Violence against Women Section of the Alicante Court of First Instance (Sección de Violencia sobre la Mujer del Tribunal de Instancia de Alicante) or the Section of the judicial district where the events took place. These Sections are specialised and usually have victim support offices and protocols to avoid you having to repeat your account several times.

There is a nuance if the victim is a minor: according to the 2026 Annual Report of the State Public Prosecutor’s Office (Memoria de la Fiscalía General del Estado), the Supreme Court has held that, unless the girl is or has been the abuser’s partner or the events coincide with gender violence against her mother, jurisdiction lies with the Sections for Violence against Children and Adolescents or, where these do not yet exist, with the investigating sections (Instrucción).

How to report sexual coercion, step by step

1. Get to safety. If you are in danger, call 112 or 091 (National Police) or 062 (Guardia Civil).
2. If there has been recent physical contact, go to a hospital before showering or changing your clothes, if you can. The collection of biological samples and other evidence, with your consent, does not depend on your filing a complaint (art. 48.2 of Organic Law 10/2022): it is preserved with a chain of custody in case you decide to report later.
3. Keep the evidence: messages containing pressure or threats, voice notes, emails, screenshots showing the date and the sender’s name, names of witnesses and any details of the place (cameras, receipts, location). You will find more details in our evidence guide.
4. File the complaint at a police station (in the National Police, the Family and Women Support Units, UFAM), at a Guardia Civil post, at the duty court (juzgado de guardia) or with the Public Prosecutor’s Office (Fiscalía). You can be accompanied.
5. Ask for legal assistance. Women who are victims of offences against sexual freedom or of harassment of a sexual nature are entitled to free legal aid regardless of their means (art. 2.h of Law 1/1996). Having a lawyer from the outset allows you to request protection measures and join the proceedings as a private prosecutor (acusación particular).
6. Request protection if you need it: a restraining order (orden de alejamiento), a ban on communication or a protection order (orden de protección).

If you need support before deciding, in the Valencian Community the regional government’s 24-hour Crisis Centre (Centro de Crisis 24 horas) provides free support to women who are victims of sexual violence outside the couple, including if the events happened some time ago, on 900 22 00 22. In Alicante it is at calle General Pintós, 21. The 016 line also deals with all forms of violence against women.

Limitation periods

Although it is best to report as soon as possible, because of the evidence, these offences do not become time-barred immediately. The period depends on the maximum penalty (art. 131 CP):

If the victim was a minor, the limitation period for offences against sexual freedom does not start to run until she turns 35 (art. 132.1 CP, following Organic Law 8/2021).

To prosecute sexual assault and harassment, a complaint by the victim or her legal representative, or a criminal complaint (querella) by the Public Prosecutor’s Office, is required; if the victim is a minor or a person with a disability in need of special protection, a complaint by the Prosecutor is enough. Once the proceedings have begun, the victim’s forgiveness does not end them (art. 191 CP).

Frequently asked questions

Is it an offence if I ended up saying yes out of fear or pressure?

It may be. Under the Criminal Code, consent only exists when it is expressed freely and clearly (art. 178.1). A “yes” extracted through threats, blackmail, intimidation or by taking advantage of a position of superiority or vulnerability is not free, and the act may constitute sexual assault. Each case depends on the circumstances and the evidence available, so it is advisable to tell a specialised lawyer about it.

Can my partner commit sexual assault against me?

Yes. Being married or in a relationship does not imply consent to any sexual act. Article 180 of the Criminal Code increases the penalty when the victim is or has been the abuser’s wife or partner, even without living together. These cases are investigated by the Violence against Women Section and may be accompanied by a protection order.

How long do I have to report a sexual assault?

It depends on the offence: one year for harassment of a sexual nature, five years for sexual harassment and basic sexual assault, and between ten and twenty years for aggravated assaults and rape. If you were a minor, the period starts to run when you turn 35. Even so, reporting early makes it easier to preserve evidence such as biological samples, camera footage or messages.

What is the difference between sexual harassment and sexual assault?

Sexual harassment (art. 184 CP) consists of requesting sexual favours at work, in education or in a service relationship, creating a seriously intimidating, hostile or humiliating climate, even if there is no physical contact. Sexual assault (arts. 178 to 180) is any sexual act carried out without consent. If the harassment ends in a non-consensual sexual act, there will be sexual assault.

Talking about what happened to you is difficult, and you do not have to do it alone. Celeste Pérez Bleda supports women who are victims throughout the process through her service for sexual violence offences, and you can also learn about her approach in defending women who are victims of gender violence. If you need to talk now, call 607 449 491, available 24 hours a day.