Any assault of a man on a woman in the relationship of a partner or ex-partner is gender-based violence according to the Supreme
The Criminal Chamber of the Supreme Court has adopted in plenary that acts of violence exercised by men on women in the occasion of an affective relationship of couple selves acts of power and superiority in front of them regardless of the motivation or int enacionality.
Supreme Court ruling
The Plenary of the Supreme Court in judgment of which Judge Vicente Magro Servet has been rapporteur considers that:
1.- Any aggression of a man to a woman in the relationship of a partner or ex-partner is constituted by gender-based violence.
2.- It is understood that the acts of violence exercised by men on the occasion of an affective relationship of couple constitute acts of power and superiority in front of her regardless of motivation or intentionality.
3.- The Audience had considered that in reciprocal aggression male and female is only a minor offense, but the TS points out when the man assaults the woman is already by himself an act of gender-based violence with connotations of power and machismo.
4.- If there is aggression of the man on women this is gender-based violence, and if there is mutual aggression there is no need to prove a behavior of male domination over women. Proven aggression, the act is a constitutive of gender-based violence, and if there is mutual aggression, both must be condemned to the woman and the woman for gender-based violence.
From our law firm TOSCANOLEX, we want to transmit, as well as provide advice to those in this situation.
Acts like threats, contempt, insults, spying on your partner’s cell phone… it can trigger in crime, being able to report such actions, it is essential to take the prevention measures that are deemed appropriate.