Supreme Tribunal of Spain (Tribunal Supremo), Section II, No. 266/2012, 3 April 2012

Recourse against acquittal for the crime of 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, and in any case – even if he has lived in the country of immigration for a short time – he 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 short-time resident in Spain, who had entered into a romantic relationship with a compatriot of an age of 12, 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, overturned the absolution judgment.)