Economic Violence against Women: A Criminal Law Analysis
July 4, 2024
Acquitted after changing the lock to prevent his brother from entering the family home
October 18, 2024
Recently and after a sentence issued by the Criminal Court 2 of Elche, the controversy about false allegations in our country has been rekindled. The sentence 314/24 of September 19 condemns two women for falsely denouncing their brother-in-law for committing against them several crimes of sexual assault. According to the ruling, both women filed false accusations with the police alleging that their brother-in-law had touched them without their consent, offered them money in exchange for sex and shown them child pornography. However, after the investigation carried out by the judge of the Court of Instruction number 4, it was determined that these allegations were unfounded and were motivated by a family conflict arising from the use and ownership of a family home.
The 4th examining court dismissed the case, and although it was appealed before the Audiencia, the decision was confirmed, after which, the brother-in-law decided to denounce the women for false denunciation, which led to the decision of the criminal court that we analyze today, and in which the defendants are sentenced to pay a fine of 3,600 euros and compensation to the complainant of 3,000 euros for damages against his honor.
THE FALSE REPORT
Article 456.1.1.1 of the penal code, which regulates the crime of false accusation and denunciation, states that:
"Those who, with knowledge of its falsity or reckless disregard for the truth, impute to any person facts that, if true, would constitute a criminal offense, if this imputation is made before a judicial or administrative official who has the duty to proceed to its investigation, shall be punished:
1.º With a prison sentence of six months to two years and a fine of twelve to twenty-four months, if a felony is charged.
2.º With a fine of twelve to twenty-four months, if a less serious crime is charged.
3.º With a fine of three to six months, if a misdemeanor is charged.
2. Proceedings may not be brought against the complainant or accuser until after a final judgment or an order, also final, of dismissal or dismissal of the case by the judge or court that has heard the imputed offence. The latter shall order ex officio proceedings against the complainant or accuser whenever there is sufficient evidence of the falsity of the accusation in the main case, without prejudice to the fact that the offence may also be prosecuted following a complaint by the offended party. "
The typical action of this crime is, as is clear from the literal wording of the same, the imputation to another, knowing it to be false, of facts that, if true, would constitute a crime, and as can be read, it can be punished with penalties of up to two years imprisonment and a fine of up to 24 months.
The existence of a final court decision (court order or judgment) declaring the non-existence of the act is a requirement for this crime, so it is necessary to wait for the completion of the proceedings in which the complaint was filed in order to initiate the procedure.
The procedure for false denunciation can be initiated, as stated in the same article, by complaint of the aggrieved party or ex officio; if the judge or Court understands that this crime was committed, they can deduct testimony of their procedure and refer it to the duty court to initiate proceedings for the alleged falsity of the denunciation.
FALSE ALLEGATIONS AND GENDER-BASED VIOLENCE
One of the great challenges in this type of crime is the evidentiary difficulty, since it is not easy to distinguish when a complaint is simply erroneous (due to lack of evidence or misunderstandings) and when it is intentionally false. To prove that an allegation is false, it must be demonstrated by the allegations that the complainant knew with certainty that the events did not occur.
In the case of sexual and gender-based crimes, this is complicated because the events usually occur in private, without direct witnesses, and physical evidence is usually limited. Sometimes these types of cases end in acquittal due to lack of evidence, but this does not automatically mean that the allegation was false.
Either way, the effect of false allegations is profound and affects both the accused and the actual victims.
On the one hand, an individual falsely accused of a crime as serious as sexual assault can suffer devastating consequences in his or her personal, professional and social life. Even if ultimately acquitted, the social stigma can linger.
On the other hand, false reports can generate a climate of distrust towards the real victims, undermining their credibility. In fact, several women's rights NGOs have expressed concern that the focus on false reports is being used to discredit women who legitimately report assaults.
Having said all this, we can affirm that the existence of false or malicious denunciations negatively affects the perception of the real victims and the judicial system as a whole and leads to:
- Mistrust of the system: The possibility of false reports can lead to distrust of legitimate reporting, making it difficult for real victims to feel safe to go to the authorities.
- Consumption of system resources: Unfounded complaints can consume the time and resources of the judicial system, diverting attention from legitimate cases that require urgent attention.
The Spanish Ministry of Equality has pointed out on several occasions that a small percentage of the complaints filed are finally dismissed for lack of evidence or because it is considered that the alleged facts have not occurred. However, we cannot ignore that a percentage of them are false and are filed with the aim of instrumentalizing the criminal process in favor of the complainant and thus obtain, for example, custody of minor children or possession of the common home, or as a simple tool of manipulation, so that, if proven false, they must be punished to maintain the integrity of our criminal system.
