The Criminal Law Treatment of the Protection of the Sexual Sphere of Minors in Historical and Contemporary Spanish Law.

Abstract

The criminal law treatment of the protection of minors in the sexual sphere within Spanish Criminal Law has undergone a significant historical evolution. From the concept of "honesty" as the preponderant protected legal good to the current frameworks for safeguarding sexual freedom and indemnity, the main objective of this article is to analyze the evolution of Spanish legislation concerning sexual offenses against minors. The analysis considers how this evolution has been influenced by the political and social context of each period, particularly marked by the upheaval in 19th-century Spain, which saw a succession of constitutional texts under the strong influence of Catholic morality on the subject. The methodology employed is documentary research and a historical review of the evolution of the Spanish Criminal Code in relation to sexual offenses. It is highlighted that the 1973 text perpetuated the 1944 regulations on sexual matters, maintaining the preponderance of the concept of sexual morality. The principal finding is that the protected legal interest was not sexual freedom, but rather sexual morality or "honesty," which is reflected in the regulation of the matter from the perspective of honor and decency.