Best Sexual Harassment Lawyers in Bilbao

About Sexual Harassment Law in Bilbao, Spain

Sexual harassment in Bilbao is addressed primarily through Spanish national law, applied within the Basque Autonomous Community and by local institutions in Bizkaia. Conduct that creates an intimidating, hostile or offensive environment because of sexual comments, gestures, physical contacts or unwanted sexual behaviour can give rise to criminal charges, civil claims for damages, and labour or administrative actions. Types of harassment commonly reported include workplace harassment, street harassment, harassment in educational settings, harassment via digital communications, and harassment by persons in positions of authority. Local police, health services and public prosecutors work together with specialised victim support services to respond to complaints and protect victims.

Why You May Need a Lawyer

Sexual harassment cases can involve overlapping legal areas - criminal law, labour law, civil claims and administrative procedures - and each area has its own rules, timelines and types of evidence. A lawyer helps you decide whether to file a criminal complaint or civil claim, requests protective measures such as restraining orders, prepares and presents evidence in court, negotiates settlements or workplace agreements, advises on interactions with employers or institutions, and assists with applications for legal aid. Lawyers experienced in sexual harassment cases can also help preserve forensic and documentary evidence, protect privacy and guide you through sensitive interviews and hearings.

Local Laws Overview

National legislation forms the backbone of legal protection against sexual harassment in Bilbao. The Spanish Penal Code criminalises a range of sexual offences and allows criminal investigation and prosecution when conduct reaches the level of a crime. Employment law - primarily the Workers' Statute and related equality and non-discrimination regulations - creates employer obligations to prevent and address harassment at work, including internal complaint mechanisms and disciplinary measures. Health and safety at work legislation obliges employers to prevent psychosocial risks and harassment. Criminal procedure law governs how complaints are investigated and how protective measures are requested. At the regional and local level, Basque institutions and Bilbao municipal services provide specialised support, prevention programmes and coordination with police and courts. Remedies that victims may pursue include criminal prosecution, civil claims for damages, labour claims for discriminatory conduct or wrongful dismissal, administrative sanctions against institutions and restraining or protection orders in urgent situations.

Frequently Asked Questions

What behaviour counts as sexual harassment?

Sexual harassment covers unwanted conduct of a sexual nature that undermines a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Examples include unwanted touching, sexual comments, persistent invitations, requests for sexual favours, explicit messages, distribution of sexual images without consent, and sexual propositions linked to job conditions or academic advancement. Whether behaviour becomes a criminal offence depends on severity, coercion and consent.

Is sexual harassment a crime in Spain or only a civil matter?

It can be both. Some forms of sexual harassment may amount to criminal offences and lead to prosecution and penal sanctions. Other situations may be handled as civil claims for damages or as labour disputes if the harassment takes place at work. Employers may also face administrative liability for failing to prevent harassment. A lawyer can help determine the best route based on facts and desired outcomes.

How do I report sexual harassment in Bilbao?

You can report harassment to local police - Ertzaintza in the Basque Country or Policía Nacional for national jurisdiction - or present a criminal complaint at a court. You may also file an internal complaint with your employer, bring a labour claim to the courts, or seek civil damages through a court action. Before taking formal steps it is useful to seek legal advice and make sure you preserve evidence and document events.

Will the police take me seriously and what happens after I report?

Police in Bilbao receive and investigate reports of sexual harassment. If you report, the police should record your statement, advise on immediate protection options and, if appropriate, refer you for a forensic medical examination. The case may be passed to the public prosecutor and a formal investigation may start. The exact sequence depends on whether the matter is criminal, administrative or labour related. Having a lawyer helps you understand the process and protects your rights throughout.

What evidence should I preserve?

Keep any messages, emails, social media posts, call logs and photographs. Save any physical items connected to the incident, and take screenshots with dates where possible. Write a detailed account of events as soon as you can, noting dates, times and witnesses. If you seek medical attention, ask for a medical-forensic report and keep copies. Witness statements and workplace documents such as internal complaints or HR records are also important.

Do I need a medical-forensic report?

A medical-forensic report is often crucial when a criminal complaint is involved. It documents injuries and provides expert evidence about the timing and nature of an assault or sexual violence. Even when there are no visible injuries, a medical assessment can record psychological impact and preserve biological evidence if the exam occurs promptly. If you are considering a criminal report, seek medical attention as soon as possible.

Can I get a restraining order or protection measures in Bilbao?

Yes. Spanish criminal procedure allows courts to impose urgent protection measures to keep the alleged aggressor away from the victim, including restraining orders and limits on communication. In some cases courts can impose other precautionary measures. Your lawyer or the police can request these measures as part of an urgent report or complaint. Protection can also be sought through civil family courts or specific orders linked to criminal proceedings.

What should I do if the harassment is at work?

If harassment occurs at work, preserve evidence and follow any internal reporting procedures your company has. You can file an internal complaint with HR, request immediate protective measures from your employer, request intervention from the labour inspectorate, or bring a labour claim to the courts for harassment or discriminatory treatment. In serious cases you may also file a criminal complaint. A lawyer with labour law experience can help you choose the best path and protect your employment rights.

How long will legal proceedings take?

Timing varies widely depending on the route taken. Criminal investigations and trials can take months to years depending on caseload and complexity. Labour claims can be faster but still take several months. Civil claims for damages depend on court availability and whether parties settle. Because evidence can degrade and deadlines may apply, it is important to act promptly and consult a lawyer early.

Can I get free legal help if I cannot afford a lawyer?

Yes. Spain provides free legal aid to people who meet financial and other eligibility criteria. The Bar Association of Bizkaia and municipal social services can explain how to apply for legal aid. Victim support services and some specialised NGOs also provide legal guidance or can refer you to pro bono counsel. A lawyer can advise you on eligibility and assist with the legal aid application.

Additional Resources

Ertzaintza - Basque police responsible for public safety in the Basque Autonomous Community. Policía Nacional and Guardia Civil - national police forces for certain jurisdictions and matters. Fiscalia - the public prosecutor who handles criminal prosecutions. Servicio de Atención a las Víctimas - victim support services at national and regional levels. Emakunde - Basque Institute for Women that promotes equality and offers resources. Colegio de la Abogacía de Bizkaia - local bar association that provides lawyer referrals and information on free legal aid. Local municipal services in Bilbao - equality and victim support offices. Health services and hospital emergency departments that can provide medical and forensic examinations. NGOs and specialised centres that offer psychological support, legal orientation and crisis assistance for sexual violence survivors.

Next Steps

If you or someone you care about has experienced sexual harassment in Bilbao, consider the following practical steps - ensure immediate safety and, if you are in danger, call emergency services; preserve evidence - save messages, photos, clothing and write a detailed record of events; seek medical attention and ask for a medical-forensic examination if appropriate; report the incident to the police or, if preferred, seek legal advice first to discuss options; contact local victim support services or an NGO for emotional and practical support; consult a lawyer with experience in sexual harassment cases to evaluate criminal, civil and labour options and to assist with protection measures and legal aid applications; keep a secure file with all documents, dates and correspondence related to the case. Acting quickly improves the ability to preserve evidence and to obtain protection and remedies. If you feel unsure where to start, a local victim support office or the Bar Association of Bizkaia can point you to immediate resources and legal help.