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Criminal proceedings and breaches

Sexual assault and abuse of superiority: avoid counting the same facts twice

Supreme Court · Criminal Chamber · STS · ECLI:ES:TS:2025:1011 · Appeal 5668/2022
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

The court allowed the superiority aggravator where circumstances supporting it were independent of the offence’s violence. Reasons had to identify that separate factual basis.

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Official source and identification

Supreme Court · Criminal Chamber · STS · ECLI:ES:TS:2025:1011 · Appeal 5668/2022 · 2025-03-04

Original explanatory note based on the official Criminal Chamber chronicle (2024–2025). This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.

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