Statutory Rape

[Unregistered]

English law states that if a sexual offence is commited by a British citizen in another country, then they can be charged in Britain if the offence is illegal in both Britain and the country in which it took place.

If a 31 year old British citizen has sexual relations with a 15 year old British citizen in Spain, is there any way he can be charged? The legal age of consent in Spain is 13, so does that cancel out any chance of charging the elder in Britain?

Thank you

[Lawbird Lawyer]

Dear Sir,

The matter is not so clear cut I'm afraid.

In Spain the legal age for sexual consent is 13 years old as you write. However should this person refuse to acknowledge she's given you consent on any given sexual act then you may be criminally prosecuted.

e.g. say you've both had the typical Friday night row (you want to split up) and she decides to report you to the Police declaring the last sexual acts you've had with her were devoid of consent.

In that case article 183 may be applied and you could face a prison sentence in Spain (sexual intercourse with persons above 13 but under 16 y.o.).

Sexual abuse is ruled by articles 181-183 of the Spanish Criminal Code.

[Unregistered]

Thank you. I am the "she" in this case and I am now 18 years old, and was interested to see what the justice system could do for people that were in the same position as me.

Where would I be able to read/obtain the Spanish Criminal Code?

[Lawbird Lawyer]

Dear Madam,

I see, I thought you were a "he", apologies.

You can google it; it will be in Spanish of course.

http://noticias.juridicas.com/base_d...lo10-1995.html


Regards,