Crimes of Gender Violence: Specialized Legal Counseling
Gender violence is one of the most serious and sensitive crimes under the Spanish Penal Code. This type of crime covers any type of physical, psychological, sexual or economic violence exercised against a person because of his or her gender, mainly within a couple's relationship. In the judicial sphere, convictions for gender violence can carry severe penalties that affect both the freedom and the personal and professional life of the accused.
If you are facing an accusation of gender violence, it is vital to have the defense of a lawyer specialized in gender violence crimes, who can guarantee the respect of your rights and the correct application of the law.
What Constitutes a Crime of Gender Violence?
In Spain, the concept of gender violence goes beyond physical violence. According to Organic Law 1/2004, on Comprehensive Protection Measures against Gender Violence, it refers to any type of violence perpetrated by a man against a woman with whom he maintains or has maintained an affective relationship, and can manifest itself in different ways:
- Physical Violence: Any act that causes bodily harm to the victim, from blows to more serious injuries.
- Psychological Violence: Includes threats, intimidation, humiliation and any other form of emotional or mental abuse that affects the emotional stability of the victim.
- Sexual Violence: The infliction of non-consensual sexual acts, both within and outside of marriage or partnership.
- Economic Violence: Refers to the control or abuse of the victim's economic resources in order to limit her freedom or independence.
Each of these forms of violence may carry specific penalties, and allegations of gender violence are treated with special attention by the Spanish courts.
Legal Consequences of Gender Violence Crimes
Penalties for gender-based violence can vary depending on the seriousness of the crime and the particular circumstances of the case. Common penalties include:
- Prison sentences: The length of the sentence will depend on the seriousness of the crime. Serious physical assaults or threats may carry prison sentences of several years.
- Restraining orders: In many cases, restraining orders are issued to protect the victim, preventing the defendant from approaching the victim's home or place of work.
- Loss of parental rights: If there are children in common, the defendant could lose custody or be limited in his or her right to visit them.
- Financial compensation: Judgments may also include the obligation to financially compensate the victim for damages suffered.
Given the seriousness of the legal consequences, it is essential to have an adequate defense from the first moment an accusation of gender-based violence arises.
Rights of the Defendant in Gender Violence Crimes
Although the legislation surrounding gender-based violence aims to protect victims, it is important to remember that anyone accused of a crime has the right to a fair defense. The principle of presumption of innocence remains a fundamental right, and the process must be carried out with all legal guarantees.
A gender-based violence lawyer will ensure that the rights of the accused are respected throughout the entire process, from the initial investigation to the trial. This includes the right to present evidence, challenge the validity of testimony, and ensure that the trial is fair.
Phases of the Procedure in a Gender Violence Case
A criminal prosecution for gender violence goes through several phases, each of which is key to determining the outcome of the case:
- Complaint: It all begins with the complaint filed by the victim or third parties with the competent authorities. It is essential for the accused to contact a lawyer from the moment he/she becomes aware of the complaint.
- Precautionary Measures: In many cases, the judge may impose precautionary measures such as a restraining order or a prohibition to communicate with the victim, even before the case goes to trial.
- Instruction and Evidence: During the pretrial phase, the judge will gather evidence, take statements from the parties involved and decide if there is sufficient evidence to bring the case to trial. The defense attorney plays a crucial role in this phase to challenge the prosecution's evidence and provide evidence in favor of the defendant.
- Oral Trial: At trial, evidence and witnesses will be presented, and both sides will have the opportunity to present their arguments. The defense attorney will try to prove the defendant's innocence or at least reduce the possible penalties.
How a Gender Violence Lawyer Can Help You
The role of a lawyer specialized in gender violence is fundamental to guarantee a solid and effective defense. Among the main functions of a lawyer are:
- Analyze the evidence: Assess the validity of the evidence presented by the prosecution and look for inconsistencies that may be favorable to the defendant.
- Develop a defense strategy: Depending on the facts, the attorney may seek a full acquittal or a reduction of charges.
- Assist in depositions: Advise the defendant on how to deal with questions and statements during trial.
- Filing appeals: If the outcome of the trial is not favorable, the attorney may file appeals to higher courts to try to reverse the judgment.
Conclusion
Being accused of a crime of gender violence is a serious situation that requires an adequate legal defense. At Soler Martín Abogados, we have a team of lawyers specialized in crimes of gender violence, ready to advise and defend you at every stage of the judicial process. If you are facing this situation, do not hesitate to contact us to receive an expert legal defense.
