Alcohol or drug consumption may be relevant in a sexual assault investigation, but it does not, by itself, determine whether consent existed.

Consent obtained through deception raises a difficult question: if someone agrees to sexual intercourse based on a lie, does that necessarily constitute sexual assault?

Remaining immobile during a threatening situation can be an involuntary response. In a sexual assault investigation, the absence of physical resistance does not automatically mean that there was consent.

A kiss or brief touching can constitute sexual assault. The duration of the contact does not, by itself, determine that the conduct has no criminal relevance.

A sexual assault can be proven even if no third party witnessed the events. The complainant's statement is a form of evidence and, when it has sufficient evidential strength, it can support a conviction.

Have you been charged or named as a person of interest in an investigation? Find out what criminal defense entails, what your rights are, and how to prepare your case from the very beginning.

Can WhatsApp messages be used as evidence in criminal proceedings? Yes. But for them to have real probative value, certain important requirements must be met.

Specialized, immediate, and confidential legal assistance in cases of gender violence and sexual assault in Alicante. Find out about the first steps to take.

Companies can be criminally responsible for crimes committed by directors or employees for their benefit, especially if proper control has not been exercised. To avoid this, they must implement a compliance model with preventive and oversight measures. They are only liable for certain crimes established by law.

Pretrial detention allows a person to be imprisoned without being convicted, as long as certain legal requirements are met. It is an exceptional precautionary measure that must be justified and respect the fundamental rights of the individual under investigation.

The Criminal Code includes exonerating circumstances that can eliminate criminal liability for someone who commits a crime, such as being a minor, mental disorders, intoxication, overwhelming fear, or justifying causes like self-defense or fulfilling a duty, provided certain conditions are met and the judge approves it.

The crime of discovery and disclosure of secrets affects privacy, punishing unauthorized access to personal documents, the interception of communications, and the access or modification of private electronic data. The penalties are 1 to 4 years of imprisonment and a fine of 12 to 24 months. Punishable conduct includes obtaining, using, or transmitting data without consent and using technical means to intercept or record communications. These crimes are considered intentional, not negligent.

Alcohol-related offenses in traffic accidents carry penalties such as imprisonment, fines, community service, and the suspension of the driver’s license for 1 to 4 years. Refusing to take the test can lead to a charge of disobedience. If the blood or breath alcohol limit is exceeded, the process becomes complicated, but the test must meet legal guarantees, such as informing about the right to a second test. Even with a low result, the officer may decide to take the case to trial.

Both within the business organization and in the practice of corporate activity, there is always the possibility that a manager or employee may commit an act or omission that constitutes a punishable offense.