Gender violence

 

Domestic violence and gender violence are two figures in which several types are included and which occur in the family environment.  

Intentionally inflicted bodily injuries: blows with objects or attacks with hands such as slaps or fists, attacks with a weapon, pushing, twisting, cutting, pulling hair, burns, throwing objects at the person with the aim of injuring, etc. 

It is comprehensive of any conduct that produces devaluation or suffering in the victim, either through humiliation (denigration before others - friends, co-workers, family members or in private life -), devaluation, exaggerated and public criticism, foul and humiliating language. , insults, threats (they generate fear in the victim and restrict their actions), blaming, social isolation, control of money, not allowing decisions to be made, blackmail (it is a form of control through guilt or fear). 

Acts referring to the forcible imposition of relationships that threaten a person's sexual freedom and harm their dignity: forced sexual relations, abuse, rape. 

To know which types are included in these figures, we must go to the Penal Code and they are the following:  

It falls under Book II Crimes and their penalties Title III On injuries and in its article 147. 1. establishes that: “anyone who, by any means or procedure, causes another an injury that impairs his or her bodily integrity or physical health or mental will be punished, as guilty of the crime of injuries.” Therefore, the means or procedure to incur this crime of injury is the action of hitting or physically mistreating another in which the result of that action may cause injury or without causing injury, it will entail the imposition of a penalty. This crime will only be prosecuted through a complaint from the aggrieved person or their legal representative.  

 

When this type of crime refers specifically to any of the people referred to in article 173.2 CP, we are contemplating the figure of gender violence as this has been extendable to other passive subjects of the type of crime in addition to the spouse or person who is or has been linked to him (active subject - the one who causes the injuries) by an analogous emotional relationship even without cohabitation, or on the descendants, ascendants or siblings by nature, adoption or affinity of the spouse or cohabitant, or on the persons who, due to their special vulnerability, are subject to custody or custody in public or private centers.  

In Chapter II of Title IV, article 169, this crime is defined as: “anyone who threatens another with causing harm to him, his family or other people with whom he is closely linked” that constitutes crimes of homicide, injuries. , abortion, against freedom, torture and against moral integrity, sexual freedom, privacy, honor, heritage and the socio-economic order, the action to carry out this type of crimes can be in writing, by telephone, or by any other means of communication or reproduction, or on behalf of real or supposed entities or groups.  

 

This type of crime falls under the figure of Gender Violence in reference to section 4 article 171 CP. 

In Chapter III, Title VI, Book II in article 172 it is defined as, whoever, without being legitimately authorized, prevents another with violence from doing what the law does not prohibit or compels him to do what he does not want, is just, or unfair. Likewise, coercion exists when the action taken is intended to prevent the exercise of a fundamental right. 

 

The crime of gender violence is incurred when someone who in a slight way coerces someone who was his wife, or a woman who is or has been linked to him by an analogous emotional relationship, even without cohabitation. To a vulnerable person who lives with the author or when the offended person is one of the people referred to in section 2 of article 173. 

 

They do not fall within coercion: anyone who, with serious intimidation or violence, compels another person to marry, art. 172 bis. 1., anyone who uses serious intimidation or uses violence or deception to leave Spanish territory or not return to it, art. 172 bis. 2. Likewise, anyone who, through any of the following behaviors, seriously alters the development of her daily life: watches over her or pursues her or seeks physical closeness; establish or attempt to establish contact with her through any means of communication, or through third parties; through the improper use of your personal data, purchase products or merchandise, or contract services, or have third parties contact you; threatens her freedom or her assets, or against the freedom or assets of another person close to her art. 172 ter. 1. and the crime of gender violence is incurred when the offended party is one of the people referred to in section 2 of article 173. 

This fact will only be pursued through a complaint from the aggrieved person or their legal representative. 

Title VII, Book II in its article 173. 1 This type is defined as inflicting degrading treatment on another person, seriously undermining their moral integrity. Likewise, anyone who carries out hostile or humiliating acts that, without constituting degrading treatment, are intended to prevent the legitimate enjoyment of the home. 

 

And for the conduct in the previous section to be constituted as gender violence, section 2 establishes that anyone who habitually exercises physical or psychological violence on whoever is or has been their spouse or on a person who is or has been linked to them by a analogous emotional relationship even without cohabitation, or on the descendants, ascendants or siblings by nature, adoption or affinity of the spouse or cohabitant, or on minors or people with disabilities in need of special protection who live with them or who are subject to the power, guardianship, curatorship, foster care or de facto custody of the spouse or cohabitant, or over a person protected in any other relationship by which he or she is integrated into the core of their family coexistence, as well as over people who, due to their special vulnerability, are are under custody or guard in public or private centers. 

Title  

 

These will only constitute a crime when, due to their nature, effects and circumstances, they are considered serious in the public concept, without prejudice to the provisions of section 4 of article 173, which refers to insult or unjust humiliation of a minor nature when the The offended party is one of the persons referred to in section 2 of article 173.