One rape every two days recorded in Malaga province after the number of cases increased sevenfold over the past decade

At the same time 10 years ago, six rapes were recorded – the lowest figure at the start of the year in the entire historical record – at least, according to figures recorded by the police. Analysis of the data reveals two clearly distinct phases.

During the first five-year period, the number of sexual assaults involving penetration remained relatively low compared with current figures: the six rapes recorded in the first quarter of 2016 doubled the following year (12) and rose by one more in 2018 (13). In 2019, a dozen cases were again recorded, whilst in 2020 the figure rose to 17.

The sharp increase occurred in the wake of the pandemic. Following the low recorded in 2021 for sexual assaults (seven cases), the trend changed dramatically. In 2022, the figure of 20 serious assaults in a single quarter was exceeded for the first time (24) and this trend consolidated at a significantly higher level between 2023 and 2026, with between 34 and 40 cases per quarter.

These offences fall within the category of offences against sexual freedom and integrity, which also includes other types of offences such as sexual abuse and sexual harassment. According to the crime statistics, there were 174 cases in the first quarter of this year, a figure which, whilst remaining stable compared with the previous year (176 cases in 2025), confirms the very sharp cumulative increase since 2016, when there were just 99 reports recorded during the same period.

If we analyse the historical data for the first quarters, the trend is clearly upwards. The only downward turning point occurred in 2020 (114 cases), due to the strict lockdown resulting from the pandemic. From 2021 (117 cases) onwards, the number of complaints has continued to rise year on year: 132 in 2022, 126 in 2023 and 172 in 2024.

The ministry maintains that the sustained rise in sexual offences is due, in part, to active policies aimed at raising awareness and reducing social and personal tolerance of this type of crime. This, it argues, means that victims are more willing to report such offences and to bring their cases to the attention of the police and security forces, thereby reducing the current under-reporting of these types of offences.

The cases brought before the courts range from someone being groped during a night out - which are the most common - to the most serious sexual assaults. María Carmen Gutiérrez, a judge in Malaga city specialising in violence against women, highlights the particularly high prevalence of cases linked to nightlife, although they also occur during the day. “As with gender-based violence, we encounter victims of all ages,” she says.

In this regard, the judge emphasises that there are an increasing number of cases in which vulnerability or chemical submission play a central role: ‘There are many cases in this context and many involving possible chemical submission, where perpetrators take advantage of the fact that the victims are often already in a state of intoxication.’

In many of these situations, the sex offenders are usually strangers or people the victim has met in that leisure context, which makes identification difficult in many cases. “There are times when the victim wakes up at home or at the home of someone they have met, unable to identify the alleged perpetrator and suspecting that they have been the victim of a sexual offence because they have woken up with pain in the vaginal area,” explains Gutiérrez.

The chair of the sub-committee on sexual violence at the Malaga bar association, Alfonso Sell, points out that, beyond secretly spiking a drink with substances, it is more common for synthetic drugs to be offered and used to deliberately alter the victim’s state of mind through deception.

Both experts agree that the main legal stumbling block in these cases is the time factor, due to the difficulty of carrying out rapid clinical tests within a specific timeframe before the body eliminates any traces of the substance.

The psychological impact described by experts is devastating, particularly in cases of sexual assault. Victims often experience a state of shock, memory lapses, deep-seated fear and severe mental exhaustion resulting from having to undergo hospital and forensic examinations for the collection of biological samples before giving evidence in court.

In the case of minors, the dynamics of criminal behaviour are becoming increasingly complex. The usual pattern suggested that the perpetrators belonged to the victims’ immediate circle, mainly family members or people close to them within the home or school environment. However, as the chief public prosecutor for Andalucía, Ana Tárrago, has pointed out, more and more cases are being identified in which the suspects themselves are also minors who, in many instances, attend the same class or school as the victims.

Alfonso Sell agrees with this analysis and explains that this spectrum of behaviour ranges from harassment and cybercrime to sexual abuse and direct sexual assault. This reality has raised an ethical and legal dilemma in classrooms and courtrooms.

“There is a legal framework designed for minors, focused on their best interests and on offering them a second chance after they have been held criminally responsible,” explained Sell. “Traditionally, psychosocial teams sought to support young people under investigation with a view to their rehabilitation outside the criminal justice process, but now with the new legislation providing stronger protection for victims’ rights, the two frameworks are beginning to clash,” he said.