Supreme Tribunal of Spain (Tribunal Supremo), Section II, No. 336/2009, 2 April 2009

Recourse against conviction for sexual abuse against minor. Evaluation of the error about the unlawfulness of the conduct.

Art. 181 Spanish criminal code
Art. 14 Spanish criminal code

There does not exist an unavoidable error about the unlawfulness of a sexual act with a minor if the defendant comes from a country which sanctions the same conduct, has lived in the country of immigration for many years in a context of non-marginalisation and has easy access to sources of information which could have confirmed the unlawfulness of his acts.

(The case in question concerned a 24-year-old Ecuadorian national, a long-time resident in Spain, who had entered into a romantic relationship with a compatriot who had yet to turn 12 years old, and also had consensual sexual intercourse with her, being aware of her age.
The court of second and last instance, in application of the above mentioned principle, confirmed the conviction. Two magistrates, however, have expressed their dissenting opinion, deeming that the error about the criminal law was unavoidable in light of the origin of the two, in whose culture women often marry at a young age.)