Economic Violence against Women: A Criminal Law Analysis

Introduction

Economic violence against women is one of the most insidious and least visible forms of gender-based violence. It manifests itself through the control and restriction of women's economic resources, limiting their autonomy and perpetuating their dependence on the aggressor. In the field of criminal law, economic violence poses important challenges in terms of its definition, identification and approach. This article explores economic violence from a criminal perspective, analyzing its nature, its manifestations and the legal challenges it poses in the protection of women's rights.

1. Definition and Nature of Economic Violence

1.1 Concept of Economic Violence

Economic violence can be defined as any act or conduct that seeks to control or restrict a person's economic resources, preventing her from accessing them autonomously. This form of violence not only limits a woman's ability to meet her basic needs and develop fully, but also perpetuates a situation of inequality and economic dependence on the aggressor.

1.2 Manifestations of Economic Violence

The main manifestations of economic violence include:

• Income Control: Restricting a woman's access to her own income, forcing her to give detailed accounts of her spending or depriving her of her money.
• Impeding Access to Employment: Obstructing or preventing women from accessing employment or developing a professional career, thus limiting their opportunities for economic autonomy.
• Forced Indebtedness: Forcing the woman to assume debts on her behalf, which can negatively affect her credit and financial situation.
• Deprivation of Resources: Denying women access to basic resources such as food, housing or medical care, using them as tools of control.

2. Legal Framework for Economic Violence in Spain

2.1 National Legislation

In Spain, gender-based violence, including economic violence, is mainly regulated by Organic Law 1/2004, of December 28, 2004, on Comprehensive Protection Measures against Gender Violence and by the Penal Code. The former explicitly recognizes various forms of violence against women, including economic violence, and establishes a comprehensive framework for its prevention, protection and punishment.

However, despite the crimes related to gender violence (injuries, threats...) there is no specific crime of economic gender violence in our Penal Code at the time of writing this article.

2.2 Relevant Case Law

Spanish jurisprudence has begun to recognize and address economic violence as a specific form of gender violence. A significant milestone in this regard is Supreme Court Ruling (STS) No. 239/2021 of March 17, which establishes an important precedent in the recognition of economic violence and its impact on women's rights and dignity.

3. Analysis of STS No. 239/2021 of March 17, 2011.

3.1 Facts of the Case

The case involved a man who, after separating from his wife, refused to pay the alimony to which he was obliged by the divorce decree, even voluntarily and consciously putting himself in a situation of insolvency in order to avoid paying the alimony.

3.2 Argumentation of the Supreme Court

The Supreme Court, in its ruling, recognizes that we could find ourselves before a kind of economic violence when there are non-payments of alimony. And this, because it implies the breach of an obligation that should not be required either by law or by court order, but should be fulfilled by the own conviction of the obligor to meet the needs of their children. However, he was not sentenced for a crime of gender violence, but for a crime of non-payment of alimony.

This sentence has been mentioned by others such as the SAP Asturias 51/2023, March 7, 2023, STSJ Andalucía 146/2023, February 8, 2023 or the SAP Guipúzcoa 183/2022, September 16, 2022 among others, in which these Courts continue to refer to "economic violence", underlining that it is about behaviors that "require the parent who has custody of the children to carry out an excessive effort of care and attention towards the children, depriving himself/herself of attending to his/her own needs in order to cover the obligations that the parent who is obliged to do so does not fulfill".

3.3 Implications of the Ruling

STS no. 239/2021 establishes a crucial judicial precedent for the recognition and approach to economic violence in Spain. From this judgment derives the need for comprehensive protection for women victims of gender violence, covering all its forms, and underlines the importance of ensuring that women have access to the necessary resources to live with dignity and autonomy.

4. Challenges in the Criminal Approach to Economic Violence

4.1 Identification and Testing Difficulties

One of the main difficulties in the criminal approach to economic violence is its identification and proof. The less visible and more subtle nature of this type of violence, compared to physical violence, can make it more difficult to detect and prove in a judicial context. Gathering evidence to prove economic control and deprivation of resources can be a significant challenge for victims and their advocates.

4.2 Need for an Integrated Approach

Addressing economic violence from a criminal justice perspective requires a comprehensive approach that considers not only the economic dimension of violence, but also its psychological and social implications. It is critical that criminal justice system actors, including judges, prosecutors and lawyers, are trained to identify and address economic violence effectively and sensitively.

4.3 Protection of Economic Rights as Human Rights

Economic violence must be recognized as a violation of women's human rights. Protecting women's economic rights is essential to guarantee their dignity and autonomy, and to combat gender inequality. This implies not only punishing the aggressors, but also implementing support and economic empowerment measures for the victims.

5. Strategies and Recommendations for Addressing Economic Violence in Criminal Law

5.1 Strengthening the Legal and Juridical Framework

It is essential to strengthen the legal and juridical framework to effectively address economic violence. This includes implementing legislative reforms that explicitly recognize economic violence as a form of gender-based violence and that establish adequate penalties for perpetrators.

5.2 Training and Awareness Raising

There is a need to train and sensitize criminal justice system actors on the nature and implications of economic violence. This may include training in the identification of this type of violence, the collection of evidence, and the protection of victims' economic rights.

5.3 Support and Empowerment Measures

Implementing support and empowerment measures for victims of economic violence is essential for their recovery and to ensure their autonomy. These measures may include education for access to financial resources, legal advice and economic empowerment programs that allow women to overcome their situation of dependency and vulnerability.

5.4 Promoting Social Awareness

Promoting social awareness of economic violence is crucial to prevent and combat this form of violence. It is necessary to sensitize society to the implications of economic violence and to foster a culture of equality and respect for women's economic rights.

Conclusion

Economic violence against women is a serious and underestimated form of gender-based violence that has profound implications for the autonomy and dignity of the victims. Recognizing and addressing economic violence from criminal law is fundamental to guarantee the protection of women's economic rights and to combat gender inequality. STS No. 239/2021 of March 17 represents a significant advance in Spanish jurisprudence in this regard, and underscores the importance of a comprehensive and sensitive approach to addressing all forms of violence against women. It is essential to continue working on raising awareness, protecting and empowering women to prevent and eradicate economic violence and ensure a more just and equitable society.

This article seeks to provide a comprehensive view of the problem of economic violence against women from a criminal perspective, highlighting the relevance of a comprehensive approach in the protection of victims' rights and in the fight against all forms of gender-based violence.