The Tribunal Superior de Justicia de Navarra on 22 September 2026 upheld the ten-year prison sentence imposed in July 2026 by the Audiencia Provincial de Navarra . The defendant had deceived a 15-year-old girl at the time, in a town in the Comarca de Pamplona about his age in order to have sexual contact with her. The incident dates to September 2024. The ruling was handed down by the Sala de lo Civil y Penal.
According to the judgment, the minor did not give valid consent because the contact took place after she had been deceived about a material fact. The court emphasised the protection of minors under Spanish criminal law and the importance of free will in sexual relationships. It noted that the deception about the man’s age was capable of gaining the girl’s trust and impairing her freedom to make decisions.
The defence had relied on the exception provided for in the Código Penal for artículo 183 bis , which may in some circumstances rule out criminal liability where the age gap is small and the victim is sufficiently mature. In the view of the Tribunal Superior de Justicia de Navarre , however, the legal requirements were not met. The key factor was the established deception about the defendant’s age, which rules out the balanced relationship required by law.
Today’s decision largely upholds the first-instance judgment. The higher court made clear that the findings of the Audiencia Provincial de Navarra were based on sufficient evidence and disclosed no errors of law. The assessment of the evidence, including testimony and digital communications, was coherent and supported the legal classification.
The court also noted that its ruling may be appealed. The defence can therefore seek an appeal on points of law before the Tribunal Supremo . Until any ruling by the highest court, the judgment as now upheld remains in force.
The case has once again sparked discussion in Navarra about the protection of minors and the limits of the criminal-law exception for small age gaps. The decision from Pamplona makes clear that artículo 183 bis is to be interpreted restrictively when an age difference is accompanied by deliberate deception. The ruling provides clearer guidance for comparable cases on how deception, maturity and minors’ actual freedom to make decisions should be weighed.
Editor: Mira Cadena (Article created with AI assistance).