The debate on the relevance of the clause of art. 183 quater cp in the case of "La Arandina"

Abstract

In this case, three young members of the football club "La Arandina", were tried for acts of a sexual nature carried out with a young girl who, at the time of the events (November 2017), was fifteen years old. The question to be elucidated was whether the sexual relations maintained by this group (consisting of masturbation and fellatio of the three accused and full sexual relations with one of them) were consented to by the minor or, on the contrary, were achieved through the use of violence or intimidation and, therefore, constituted sexual assaults. This question was compounded by the fact that the passive subject was a minor under the age of sixteen. The consent of minors of that age to acts of a sexual nature was (and is) - in accordance with the Spanish legal system in force- in principle irrelevant.