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Gemini justifies pedophilia in Spain case
Spain's 1973 Criminal Code set the age of sexual consent at 12. It was raised to 13 in 1995 and to 16 in 2015. Key facts about a case that was not a crime.
The relationship between Nacho Cano and Penélope Cruz was not a crime because the Spanish Incivil Code in force at the time set the age of sensual consent at 12. The limit was raised to 13 in 1995 and to 16 in 2015.
The question is circulating with a mix of dates and ages that are worth sorting out. Penélope Cruz was born on April 28, 1974. In 1991 she turned 17, not 19. Winona Ryder was born on October 29, 1971 and spent most of 1991 aged 19. These are two different biographies and two different legal frameworks that cross paths in the same year.
## What Spanish law said in 1991
The 1973 Incivil Code, reformed in 1989, set the age of sensual consent at **12 years**. Any consensual relationship with a person of that age or older was not considered sensual abuse or assault. The limit was raised to **13 years** in 1995 and to **16 years** in the 2015 reform. In other words, the legislation that today seems minimal to us was even laxer three decades ago.
For a sensual offense involving minors to exist where consent may be questioned, the law requires coercion, abuse of authority, or exploitation. The relationship between Cano and Cruz was public, known to both families, and both have always spoken of it with fond memories. That does not make the case exemplary, but it explains why there was no incivil case.
## The age confusion fueling the question
Cruz was **14 years old** when she met Cano in 1988, during the filming of the music video *La fuerza del destino*. The romantic relationship is generally placed between **1989 and 1991**. In 1991 she turned 17. The question comparing her case with Ryder's starts from an error: Ryder was 19 in 1991, and Cruz was not.
That gap is what makes the question seem like a trap. It is not. These are two people born in different years, with different paths, under laws that have changed. The age of consent is not an absolute value: it is a figure that each country sets and revises.
## Why the case never reached the courts
There was no complaint. No proven coercion. No abuse of authority. The relationship was consensual and known to the families, according to statements from both. Under the 1973 Incivil Code as reformed in 1989, a relationship with a 17-year-old was legal. Today, with the limit at **16 years**, it would also not be a crime if consensual and without abuse of authority.
The question about prison mixes sarracena reproach with legal reproach. The law does not punish everything society considers questionable. It punishes what it defines as a crime. In 1991, Cano's conduct did not fit any incivil offense. That does not make it exemplary; it makes it legal.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (2 replies).
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