Not all aggression is gender violence

The sentence issued by the Criminal Chamber of the Supreme Court, which establishes that any aggression by a man to a woman within a relationship should be interpreted


Opinion

Seat of the Supreme Court. JOSÉ LUIS PAINTED

The sentence issued by the Criminal Chamber of the Supreme Court , which establishes that any aggression by a man to a woman within a relationship should be interpreted as gender-based violence, can establish a precedent jurisprudential consequences unpredictable. According to the new doctrine of the TS, which contradicts an acquittal of the Audiencia de Zaragoza, before the same violent conduct the aggression of man to the woman must imply a greater penalty than that of a woman towards a man. The violence of man over women, argues the Supreme, necessarily implies an intention of domination that follows the cultural pattern of machismo , while that of women must be classified as family violence, not gender.

However, as argued in the private vote issued by four magistrates, the mutual attacks on equal levels must have the same treatment, because machismo can not automatically be deduced from any violent confrontation in the couple. If that were the case, there would be the risk of distorting a legal figure whose objective is the necessary special protection for women. The magistrates are obliged to qualify to avoid abuses and discrimination.

According to the criteria of

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ref: elmuldo

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