2

I am doing some research into what constitutes a rape in countries around the world. This is where the male is the aggressor towards the female, to not overcomplicate my search.

Assume that a woman was anally raped. The offender used a wooden broom handle, rather than any of his body parts.

Under the criminal Penal Code of Spain, I was curious where the following scenario would fall into their criminal laws? Perhaps the actions would be taken as a violent assault, rather than a rape.

I am interested in the period including 2005 until 2009.

Please let me know what crime that offender has committed.

Improve this question
0

1 Answer 1

Reset to default
8

The 2016 text of the Spanish penal code is easily available online. The relevant Sections are §§ 178-183. The key point is at § 181(4), which states that rape (including anal rape) committed with an object has the same legal status as rape committed in the most common way.

The pertinent subsection's definition was unchanged from 1995 to 2016. This link also has links to later amendments to Section 181. The Spanish Penal Code provisions related to rape were significantly revised in late 2022 and again in April of 2023, but these amendments did not alter this particular definition. It has been the same from at least 1995 to the present.

Improve this answer
4
  • Quick question - do you also have a link to the English translation of whatever is the most recent and available?
    – user5623335
    Commented Jul 10 at 23:08
  • @user5623335 The first link has both the Spanish language and English language versions of the statute. You can compare the Spanish language version in that document to the Spanish language versions in the next two links to confirm that they are identical (except possibly for the duration of the prison sentence for these offenses, which isn't relevant to the definition of the offense). This is what I did.
    – ohwilleke
    Commented Jul 11 at 0:53
  • Sorry, what I meant was: do you have a link for the 2024 Penal Code translated into English?
    – user5623335
    Commented Jul 11 at 16:14
  • @user5623335 I do not.
    – ohwilleke
    Commented Jul 11 at 18:09

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .