Alfonso Serrano Gómez
This paper analyzes in depth the regulation of offenses against sexual freedom within the Spanish penal system following the profound and consecutive legislative changes carried out by Organic Law 10/2022 and the subsequent counter-reform of Organic Law 4/2023. The author focuses on Chapter I (sexual assaults on adults) and Chapter II (sexual assaults on minors under sixteen years of age) of the Spanish Penal Code. The core of the study centers on the legal and jurisprudential conceptualization of consent, arguing that it has always been a fundamental element of these crimes despite its recent explicit definition. The analysis explores the complex judicial challenges involving the evidence of consent in relation to the fundamental right to the presumption of innocence, the in dubio pro reo principle, and the burden of proof. Furthermore, the paper critically addresses the penalties, their proportionality, and the wide margins established by the legislator. It reviews the basic types of offenses, mitigated cases, aggravating circumstances, and the specific definition of rape. Finally, it incorporates specific considerations regarding sexual offenses against minors, phenomena such as online grooming, and a criminological assessment of these crimes.