🔴 Sex with someone under 16
- Treated as a sexual offence against a minor
- Can lead to:
- prison sentences (typically 1–5+ years depending on circumstances)
- higher penalties if there is grooming, coercion, or authority abuse
🔴 Aggravating factors (increase punishment)
- Teacher, coach, guardian, or authority figure involved
- Grooming or manipulation
- Violence, threats, or coercion
- Significant age difference
Penalties can rise significantly in these cases.
🔴 Under 18 exploitation or prostitution involvement
- Considered child sexual exploitation or trafficking-related crime
- Penalties can include:
- long prison sentences (often 5–12+ years or more depending on severity)
- additional charges for facilitating, profiting, or organising
⚖️ 2. What “exploitation” means under Spanish law
Spanish law treats “exploitation” broadly. It includes:
🔹 Key definitions
- Forcing someone into sexual activity for money or benefit
- Taking advantage of vulnerability (economic, emotional, age-related)
- Controlling or profiting from another person’s sex work
- Recruitment or grooming into prostitution
- Transporting or housing someone for sexual exploitation
🔹 Important point
Even if someone “agrees”, it may still be illegal if:
- there is dependency (financial, emotional, immigration status)
- there is manipulation or grooming
- a third party benefits (pimping/organising)
🌍 3. How Spain compares with other countries
🇪🇸 Spain
- Age of consent: 16
- Prostitution: not illegal, but unregulated
- Strong focus on anti-exploitation laws
🇬🇧 United Kingdom
- Age of consent: 16
- Prostitution: legal to sell sex, but many related activities are illegal (soliciting, brothel-keeping, pimping)
- Strong enforcement around exploitation
🇫🇷 France
- Age of consent: 15
- Buying sex is illegal (Nordic model since 2016)
- Strong criminalisation of clients and stricter anti-prostitution laws
🇩🇪 Germany
- Age of consent: 14–16 depending on circumstances
- Prostitution is legal and regulated
- Must register and comply with health/tax rules
- However, exploitation and trafficking are heavily punished
🧭 Quick summary
- Spain: 16+ consent, but strong anti-exploitation enforcement
- Most serious crimes revolve around coercion, grooming, and profit/exploitation, not just age
- Prostitution laws vary widely across Europe, but exploitation is illegal everywhere