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TheLawLDN
TheLawLDN, Lawyer
Category: Spain Law
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I have a question please, It relates to Spanish law, I am a

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Hello, I have a question please
JA: Where are you? It matters because laws vary by location.
Customer: It relates to Spanish law
JA: What steps have you taken so far?
Customer: I am a member but having trouble on here as it asks me to pay
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, I'm an adviser with JA and I will try to help you.

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Hello, can you please clarify what your legal question is, so that I can see if I can assist with it?

Customer: replied 14 days ago.
Hello, are you there?
Customer: replied 14 days ago.
Thank you for replying. Basically, I am enquiring for a friend regarding Spanish law. My friend has some mental health issues and has been really worried. Around 6 months ago he was on a ship in Spain and had had too much to drink that mixed with his medication. Whilst in the dark sleeping room he was laying down with nobody in immediate surroundings and masturbated for a short time until he realised. He wasn’t questioned or anything but due to the nature of his worry it has affected his mental health significantly as he is a professional. His biggest concern is that the U.K. authorities could know and he would lose his career. Would there be any defence at all for this or would it be a fine or warning or something if caught to alleviate some of his worry that ‘if’ anything happened it wouldn’t be serious enough to warrant being sent to the U.K. police. He was fully clothed as well and nobody was in the direct vicinity and it was darkly lit
I am in a call.

I will revert back to you as soon as possible.

Customer: replied 14 days ago.
Thank you Morris!

Here I am :)

Let me read your new message.

Did anyone from the ship's crew intervene?

Customer: replied 14 days ago.
Hi Morris :)
Customer: replied 14 days ago.
No, nobody intervened at all it’s just he doesn’t stop worrying about the implications of it ever got back to the U.K. police
Customer: replied 14 days ago.
Been causing a lot of distress

I may understand that.

At the same time, if nobody intervened, and 6 months have passed, it is highly likely that what he did went completely unnoticed.

Which would be also "logical" as you say this happened while it was dark.

On another note, if anybody had reported him to the police, he would have been contacted, and the fact that this did not happen confirms that the thing went unnoticed.

Customer: replied 14 days ago.
Nobody intervened and he got off the boat as normal but due to his mental health he overthinks it all. I mean obviously here in the U.K. it has to be in the presence of two people etc etc I think but over there is it different or would it just be a fine that doesn’t get relayed back to the U.K. it’s his career he’s worried about and he’s looking for some avenue of protection of that makes sense
Customer: replied 14 days ago.
true it’s highly unlikely. In a hypothetical situation like that is there any defence at all?
Customer: replied 14 days ago.
Such as even if he was spiked or something or people were unable to see. It’s interesting to know how the law works

The response of continental legal systems against this kind of sexual act is always changing, and decision by courts try to keep the changes in the public perception of these acts into account.

This service is not meant for legal advice, but I would say that, based on the circumstances as you described them, it would be difficult even to conclude that the act qualified as an act of exposure.

On another note, the problem could be - if your friend is a professional - that even just a fine could "flag" him in the UK if this kind of behaviour is considered inappropriate, but, as I said, I think that he would have the actual possibility to challenge any qualification of his behaviour as an act of exposure.

And I would avoid any "noise" on facts that happened months ago and that, apparently, nobody noticed.

Trying to understand if someone noticed, would be - in my view - a big mistake, as it would risk to make the episode surface.

I hope this information is helpful and I wish you the best.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish ("For MorrisLaw only").

I would appreciate it if you could provide a positive rating, if you wish so of course.

Thank you very much.

Regards.

TheLawLDN and other Spain Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you very much for your kind help Morris.
Customer: replied 14 days ago.
An extremely helpful response to my questions

You are welcome.

I would appreciate if you could provide a positive rating.

Customer: replied 13 days ago.
Hi Morris, sorry one last question. I suppose there would be mitigating circumstances potentially for outraging public decency too if it was too dark to see etc or even that if he was spiked with something potentially that could mitigate so it wouldn’t be a closed case automatically? Apologies for all the questions Morris
Customer: replied 13 days ago.
You’ve been very helpful

Hello.

As I said, I think that, based on the circumstances as you described them, there would be room for defence.

And the fact that the alcohol may have interfered with some medication could certainly be a factor in assessing that the behaviour was not intentional.

However, it seems to me that this discussion is a bit "academic", as I understand that nobody saw, nobody intervened and nothing happened in six months from the facts.

Therefore, while I understand you friend's "embarrassment", I would say that he should remain calm and not be too much concerned.

I hope this assists.

Regards.

Customer: replied 13 days ago.
Thank you Morris

You are welcome.

Customer: replied 12 days ago.
Good morning Morris, sorry one last question. You do have some knowledge of the Spanish system and that’s why you saw my question related to Spain law? Just needed to double check I’m sorry!
Hello.

Yes I do.

On another note, and as I said, this service is not meant for legal advice.

Therefore, if you are looking, for example, for a legal opinion on the sexual offences in the Spanish criminal code, this Q&A service is not the appropriate one.

Please note that this conversation was closed already yesterday.

Therefore, if you need further help, please open a new question, as I will not be able to answer you here.

Regards.

Customer: replied 12 days ago.
Thank you!

I think you worry too much :)

Customer: replied 11 days ago.
I know I do and I’m sorry to pick your brains. I just needed to know that on mental health grounds or something like that there would be some mitigation but you’ve helped me a lot. Thank you :)

You are welcome, do not worry :)