Gender violence is a serious social problem about which (fortunately) there is an increasing awareness in our society, although, in our opinion, it is still not enough.
It is extremely worrying to analyze the figures of aggressions and deaths caused by this type of violence, and perhaps the worst of all is that what we know is only the tip of the iceberg: many women do not report their aggressors for fear of reprisals, for lack of means, for not wanting to face friends and family, for shame or guilt…
There is also psychological violence (also reprehensible at the legal level) and, in this case, it is disheartening to know that young people continue to repeat patterns of the past: control, jealousy, verbal aggression… and even physical aggression to their partners, not to mention abuse and sexual aggression.
In our firm we believe that education and information are the cornerstone of any change in this regard.
Therefore, in this article we want to provide a small guide on gender violence that goes beyond the legal.
If this is your case, do not hesitate to contact our lawyers. You can also come to us for advice regarding the situation of a person around you: the more information you can provide, the easier it will be to find a way out.
Gender violence and domestic violence: What are the legal differences?
A first step is to know what type of violence we are talking about at the legal level: there are differences between domestic violence and gender violence.
- Domestic violence: It is the physical, psychological, sexual or economic violence that occurs in the family environment, by one of its members against another or against all of them. Thus, it is defined as occurring in the home, and there are different possible offenses in this sense, included in our Penal Code.
- Gender violence: It is defined as violence directed against women for the very fact of being women.Organic Law 1/2004, of December 28, 2004.introduces this concept in Article 1, stating that the purpose of this law is “to act against violence which, as a manifestation of discrimination, inequality and power relations of men over women, is exercised against women by those who are or have been their spouses or by those who are or have been linked to them by similar relationships of affection, even without cohabitation”.
Also in these cases there is a catalog of crimes, included in the Penal Code, and a series of measures focused on preventing and protecting the victim of this type of aggression.
When are you a victim of gender-based violence?
We already know that gender violence is considered to be that which is exercised by men against women, by those who are or have been their spouses or by those who are or have been united to them by a relationship of analogous affectivity, even without cohabitation at the time of the events, simply because they are women. You are a victim of gender-based violence when you are subjected to acts of physical and/or psychological violence, including assaults on sexual freedom, threats, coercion or arbitrary deprivation of liberty.
- Physical violence includes any type of violence that the man causes or may cause damage to the woman’s body (slaps, beatings, blows, wounds, fractures, etc.).
- Psychic violence includes those acts or behaviors that produce devaluation or suffering in women (threats, humiliation, demands for obedience, insults, etc.).
- Sexual violence occurs whenever a sexual relationship is imposed on a woman against her will.
It recalls that Organic Law 1/2004, on Comprehensive Protection Measures against Gender Violence, establishes comprehensive protection measures aimed at preventing, punishing and eradicating this violence and providing assistance to its victims.
When and how to report a case of gender violence?
Whether you are a victim or in any way involved with an abuser, this violence should never be silenced. Although most of the time it is difficult to take the step, you should not tolerate any kind of verbal or physical aggression or normalize them: most often the escalation of violence will get worse and the aggressor’s behavior will not change for the better.
In this post we provide you with some useful information for contacting law enforcement agencies.
In addition, we remind you that it is advisable to have legal advice in this process: a first step may be to call 016, the specific telephone number for cases of gender violence, where you will get information and legal advice on gender violence.
This number does not leave a trace on your bill or on your terminal (it is not recorded as ‘last calls’).
To report the facts, then use different ways:
- Call 062 (Guardia Civil) or 112 (Emergencies).
- Verbal communication with agents on duty.
- Formal statement, presenting himself at the police station.
It is advisable that your lawyer goes as soon as possible to the police or court, in order to provide legal assistance and offer appropriate legal advice. If you decide to file a complaint for gender violence, it should contain an exhaustive account of your case, emphasizing the data, circumstances, fact witnesses and other circumstances, especially in case of habitual.
In addition, the evidence that is available at the time, such as reports of injuries, photographs, identification of witnesses, risk assessment, etc., will be indicated and provided, which should be contained in the police report.
It is important to report the facts as soon as possible to the police.
It is also important to provide all the means of proof available (medical report, psychological report, names of witnesses, clothes worn at the time of the events), with the help of your lawyer.
It is also essential that, in case of physical aggression, the victim do not change clothes or wash, take a shower or perform any action that could hinder the collection of evidence.
Protecting the privacy of the victim of gender violence
The treatment by police officers must be personalized, respectful and preferential, taking measures from the first moment to guarantee the dignity, physical and moral integrity of the victim.
To this end, appropriate medical and psychological assistance will be offered.
The privacy, intimacy, disclosure of personal data and images of the victim will also be protected.
For example, in police stations, the abused woman will not be allowed to share physical space with her alleged aggressor, and as far as possible, she will be kept out of the presence of other persons in the police station.
In this process, the victim will receive information on the procedure to follow and on the legal rights, assistance and aid to which she may be entitled.
She will also be informed of the existence of public and private bodies for the protection of women.
She will be provided with the necessary professionals for the type of assistance she needs, as well as an interpreter, if necessary.
Once the complaint has been filed, every victim has:
- The right to information and advice appropriate to their personal situation, which will include the measures relating to their protection and safety, and the rights and assistance provided, as well as the place of provision of care, emergency, support and comprehensive recovery services provided for in the Organic Law 1/2004, on Comprehensive Protection Measures against Gender Violence.
- The right to be informed immediately, at all times, of the procedural situation of the aggressor (whether he is in a penitentiary center, as well as the expected date of his release).
- Right to legal assistance if she can prove insufficient resources for litigation.
Likewise, you have the right to free defense and representation by a lawyer and attorney in all administrative processes and procedures that have a direct or indirect cause in the violence suffered. - Right to Integral Social Assistance, of social services of care, emergency, support and reception and recovery.
The assistance will especially involve information, psychological care, social support, monitoring of claims of their rights, educational support to the family unit, preventive training in the values of equality aimed at their personal development and the acquisition of skills in non-violent conflict resolution, and support for training and job placement. - Labor and Social Security Rights.
If she is an employee, she has the right, under the terms provided in the Workers’ Statute, to a reduction or reorganization of her working time, to geographical mobility, to a change of work center, to the suspension of the employment relationship with job reservation and to the termination of the employment contract.
If she is self-employed, in the event of termination of her activity to make effective her protection or her right to comprehensive social assistance, her obligation to pay contributions will be suspended for a period of six months, which will be considered as effective contribution for the purposes of Social Security benefits and her situation will be considered as assimilated to registration.
If she is a civil servant, she is entitled to a reduction or reorganization of her working time, to geographical mobility of the work center and to leave of absence under the terms established in her specific legislation. - Right to Social Assistance.
When he/she lacks income higher, in monthly computation, than 75 percent of the Minimum Interprofessional Wage, excluding the proportional part of two extraordinary payments, he/she will receive a single payment aid, provided that it is presumed that, due to his/her age, lack of general or specialized training and social circumstances, he/she will have special difficulties in obtaining a job and, due to such circumstance, will not participate in the employment programs established for his/her professional insertion.
The amount of this assistance will be equivalent to six months of unemployment benefit.
When he/she has an officially recognized disability of 33 percent or more, the amount will be equivalent to twelve months of unemployment benefit, if he/she has family responsibilities, the amount may be equivalent to eighteen months of unemployment benefit, or twenty-four months if the victim or any of the family members living with him/her has an officially recognized disability of thirty-three percent or more. - Access to housing and public residences for the elderly, since it is considered one of the priority groups for access to subsidized housing and public residences for the elderly, in accordance with the terms set forth in the applicable legislation.
These rights are set forth in Royal Decree 738/1997, of May 23, 1997, approving the regulations on assistance to victims of violent crimes and crimes against sexual freedom.
In addition, witnesses of this type of crime will be given the protection established in Organic Law 19/1994, on the protection of witnesses and experts in criminal cases, consisting of concealing their identity, domicile, profession and place of work, among other things.
When can a protection order be requested?
After the commission of this type of crime, it is possible to request, at the time of filing the complaint with the police, the corresponding protection order against the defendant. The protection order is intended to to ensure a precautionary physical distance between the victim and the aggressor. The protection order
may be requested by:
- The victim.
- Any person who has an affective relationship with the victim even without cohabitation, descendants, ascendants or siblings by nature, adoption or affinity, own or of the spouse or cohabitant, minors or incapable persons who live with him or her or who are subject to the power, guardianship, curatorship, foster care or de facto guardianship of the spouse or cohabitant, or person protected in any other relationship by which he or she is integrated in the nucleus of his or her family cohabitation, foster care or de facto guardianship of the spouse or cohabitant, or person protected in any other relationship by which he/she is integrated in the nucleus of his/her family cohabitation, as well as persons who, due to their special vulnerability, are subject to custody or guardianship in public or private centers.
It may occur in the following locations:
- Civil Guard posts.
- Police Stations of the National Police Force.
- Autonomous or Local Police Departments.
- At the Court or Prosecutor’s Office.
- At the Victim Assistance Offices.
- In the Social Services or Assistance Institutions of the Public Administrations.
- At the Legal Guidance Services of the Bar Associations.
This measure will be requested through a standardized model, which is available in all the units listed in the previous point. If you need help or clarification on any aspect of this type of procedure, please do not hesitate to contact us .
