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this post was submitted on 06 Sep 2023
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Does Spanish law apply if the act took place in Australia?
Not that sexual assault is legal in Australia, either. Just curious why they're talking about Spanish law - wouldn't this come under Australian law?
So I don’t know about Spanish criminal law in particular, but in Germany the criminal code states that it’s generally only applicable for acts committed on German territory, but there are multiple exemptions for offences committed abroad „with specific domestic connection“. This includes so called „offences against sexual self-determination“ if the offender is a German national. I could imagine that Spain has a similar rule.
Update: Seems I was (mostly) right, but spanish law is even broader than that of germany in these cases.
https://www.un.org/en/ga/sixth/71/universal_jurisdiction/spain_e.pdf
If it's illegal in Australia and Australia decides to prosecute, then you use Australian law in front of an Australian Court.
Here the harmed party and the alleged offender are both Spanish citizens. If there's a Spanish law and 'Spain' decides to prosecute, they'll use Spanish law in front of a Spanish Court. A Spanish Criminal Court can't sentence someone on the basis of Australian Criminal law.
Not sure if relevant, but in recent years, several countries have proclaimed universal jurisdiction for certain crimes. Increasingly often, countries assert the right to prosecute their own citizens for abuse of children even when committed abroad, which has been deemed necessary to counter "sex tourism".
Given that this is an accusation of sexual assault, I won't be surprised if Spain claims jurisdiction for sexual abuse of/by its citizens anywhere in the world.