Consequences of a complaint for gender violence


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Gender violence is considered any physical or psychological aggression towards women. The consequences of a complaint gender violence  can become very serious, since they annul the presumption of innocence of the aggressor, implying the deprivation of liberty.

What are the consequences of a complaint for gender violence?

The consequences of a complaint for gender violence They may vary depending on the severity of the case. The victim's testimony is more than enough for a judge to order preliminary precautionary measures against the aggressor or to impose a criminal sanction on him.  

When making a complaint due to gender violence, the aggressor will be arrested, he can remain detained for up to 72 hours pending the decision made by the judge. 

The judge will determine the sanction of the aggressor based on the seriousness of the facts. The accused can be taken to prison for the time established or will be released with a restraining order for the victim.

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Consequences of a complaint for gender violence
Consequences of a complaint for gender violence

The restraining order prohibits the aggressor from having any type of approach to the victim, even if he does not have the intention of causing any aggression again. Failure to comply with the restraining order issued by the judge can cause more serious legal problems.

The aggressor will also be deprived of having custody of their children, so any type of contact with them will be completely prohibited. Likewise, the denounced person will not have the right to receive any financial contribution from any public body and their name will appear in the Central Registry for the Protection of Victims.

 Normally these sanctions are valid until the time of trial, where the guilt or innocence of the aggressor will be determined. It should be taken into account that the arrival of the judgment can take months and even years.

What consequences can the aggressor have for not complying with the restraining order?

As we mentioned before, the restraining order prohibits the aggressor from contacting and approaching the victim or her relatives. Likewise, it prohibits the aggressor from approaching the place where the acts of violence occurred, the victim's home and work, or places where they are frequent. 

Failure to comply with this order imposed by the judge can be punished with a prison sentence that can vary between 6 months and one year.

What is the penalty established for the crime of gender violence?

Any aggression towards women is considered gender violence. However, the Penal Code does not consider a beating that does not have any serious physical consequence the same as a beating, rape, or injury caused by a knife.

He Article 148.4 of the Penal Code establishes that if the victim (whether she is the wife of the aggressor or has an affective bond with him without any cohabitation) is found with injuries such as serious physical and psychological impairments that require medical or surgical treatment for their healing, the established sentence can exceed 10 years.

In the case in which the statements given by the parties and witnesses do not duly prove the perpetration of the crime, the judge will make the decision to issue a dismissal that will mean the acquittal of the accused and followed by the closure of the file.

What are the consequences of a false complaint for gender violence?

False complaints for gender violence are accompanied by bad intentions to benefit and achieve different objectives during the separation process, being fully aware of the falsity of the aforementioned acts.

By making these types of allegations it is much more difficult to prove your credibility. People often take advantage of the help and protection that the law provides to people who actually suffer gender violence, to obtain the benefits they want to obtain. 

The people who make these complaints have the opportunity to demonstrate the veracity of the facts, be it gender violence, abuse or rape. In the case of not being able to prove that these acts occurred, the accused person can return the demand. 

The Penal Code penalizes the crime of false denunciation establishing only a fine, while the penalty for false testimony can vary between one and three years in prison plus a fine. For this reason, when the complaint is brought to trial, the person must be sentenced for the crime of false testimony and not only for the false complaint.

Who can make a complaint for gender violence?

It is not essential that the complaint be made by the victim of gender violence for the authorities to carry out their work. This type of complaint can be made by anyone, be it a family member, friend, a public servant or even another person distant from your environment.

Police officers can also make a complaint, as well as a doctor who has some kind of suspicion when attending to injuries suffered by the victim as a result of a beating. There is no need to hold back when reporting and wait for a fatal outcome to do so. 

There is also the possibility of making a complaint anonymously if you are afraid of the reaction that the aggressor may have or if the person does not want to be directly included in the problem.

It is very important to make sure of the facts when making the complaint, since misunderstandings can be generated if the complainant has little basis or a simple suspicion with little credibility.

What are the consequences if you do not want to continue with a complaint for gender violence?

When making the decision not to continue with the complaint, you must accept the obligation to testify against the aggressor or, failing that, you must retract your initial statement.

If the complaint was made for a crime that can be prosecuted ex officio, the authorities will also continue with the procedure if they consider the existence of a misdemeanor due to gender violence. Otherwise, the complaint will be filed and the situation will be notified.

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