From typicallyspanish.com

Costa del Sol
Man arrested in Coín for having sex with a 13 year old
By h.b.
Mar 26, 2008 - 8:31 AM

A 27 year old Spanish man from Coín has been ordered to prison without bail in Alhaurín de la Torre on allegations that he has been holding sexual relations with a 13 year old girl in the town.

A judge in Coín ordered provincial prison for the man who is a friend of the child’s mother and who has been living with the family for some months after he split up with his previous girlfriend. The case came to light when the mother returned home and allegedly surprised the man in bed with her daughter.
The mother went directly to the Guardia Civil to place a denuncia and this was followed by a Civil Guard investigation.

The man now faces charges of carrying out a sexual crime, but not abuse because under Spanish law abuse is considered to be non consensual sex with children aged under 12. Here the girl was 13 when the matter was discovered, and now investigations continue to try and establish whether it started when she was 12.