The Criminal chamber of the Supreme Court has confirmed the conviction for sexual assault on a man in the Basque Country, which, after hiring the services of a woman in the field of prostitution, he carried out a sexual practice more violent, and completely removed from the period initially agreed upon, leaving the victim with bite marks, bruises from being grabbed, and clear psychological damage.
In the Sentence 566/2025 of 29 June 2025, the Supreme estimated partly the appeal filed by the defence of the condemned, by ratifying all of the statements and conclusions of the Court of Justice of the Basque Country, with the exception of the condemnation worth the initial 9 years in prison, which was reduced to 6 years in recognition of trade the alleviation for violation of the right to a process without undue delay devoted to the article 24.2 of the CE.
The special relevance of this judgment, and that allows us to conclude that this is a case of sexual assault with access typified in article 179 CP, lies in the application of the supreme Court of the United Kingdom was called ‘consent conditioning‘, a concept according to which, because the consent is valid within a sexual practice, the conditions under which it was never originally have been maintained during the whole event.
In the specific case is concluded, on the basis of the testimony of the victim supported by medical reports forensic expert and other witnesses, that the initial conditions is to accept the services of a prostitute, and they were totally different from those that finally they give.
This meant, given the violence of the act, a substantial change in the circumstances, making it clear that the consent initial is not eternal nor infinitebut that required a renewal explicit consent to, as that is not da give, caused the event it constitutes a violation.
