Índice
Violence is premeditated behavior by an individual that seeks to cause psychological or physical harm to a person. In most countries, violent acts that one individual commits against another are considered a crime.
The domestic violence originates in the nucleus of the family, during the coexistence between its members. The gender violence committed towards a woman for the simple fact of being a woman.
What are the forms of violence?
The ways in which acts of violence can be committed are the following:
Physical
The physical violence It consists of causing bodily injury intentionally caused by the use of force or objects. Among them are burns, jolts, blows, throwing objects, attacks with weapons of any kind, confinement, among others.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
psychological
This is one emotional violence which usually begins with isolated or sporadic behaviors and intensifies over time. Psychological violence results in the loss of self-esteem, dependency, feelings of loneliness, terror, isolation and stress.
The way to commit this type of violence is with threats, public and exaggerated criticism, humiliation, insults, devaluation, humiliating and foul language, control of money, not allowing decisions to be made, social isolation.
Sexual
This type of violence is committed with acts that violate the sexual freedom of the person causing damage to their dignity. Sexual violence is committed using coercion or physical or psychological force or any other method that limits or annuls personal will.
What is domestic violence?
The domestic violence or intrafamilial as it is also known is the one that originates between members of the family nucleus or a cohabitation relationship. The victims can be women and men and it has no relation to the sex of the victim.
This type of violence according to article 173.2 of the Penal Code can be committed by any member of the parent family, child, man or woman. All that is required is that an omission or action be carried out that affects the physical, psychological, sexual or economic integrity of a member of the family unit.
What is gender violence?
The gender violence It is committed exclusively by a man against a woman for simply being a woman. For violence to be considered gender-based, several elements must concur, such as inequality, discrimination, the power relationship between men and women, and subordination.
When these elements are not present in the aggressions committed by a man towards a woman, they can be considered as gender violence. At present, gender violence between homosexuals, intragender or a woman against a man is not possible.
Gender violence is regulated in the Royal Decree 253/2006 where the State Observatory on Violence against Women was created. This decree establishes the composition, functions and operation.
This type of violence is also regulated in Organic Law 1/2004, dated December 28. This law is called Comprehensive Protection Measures against Gender Violence.
Differences between domestic violence and gender violence
The difference between domestic violence and gender violence is based on the following aspects:
aggressor subject
In domestic violence, the acts are committed by any member of the family, with someone with whom one lives or by an emotionally linked person. Violent acts are directed against women, men, minors indistinctly.
The gender violence It is committed by men on women solely because they are women. Because the aggressor considers that he does not have the right to decision-making capacity, to be respected, nor does he have the minimum rights to freedom.
Victim
The victim in the domestic violence It is everyone who lives with the aggressor, including: descendants, spouse, common-law partners, own siblings, ascendants, minors, people with disabilities who require special protection.
Gender violence is committed by a man against his spouse or ex-spouse, against the woman with whom he has or has had an affective relationship even without cohabitation.
Duration time
In both cases, a continuous crime is committed that only ends if the victim decides to report the mistreatment to which she is subjected. In the case of domestic violence, a continuous aggression is committed against people who have a family or affective bond with the aggressor or aggressor.
In the case of gender violence, continued violence is committed with acts of psychological and physical violence. Which includes attacks on sexual freedom, coercion, threats.
Competence
The body in charge of hearing cases of domestic violence are the Courts of First Instance and Instruction or the Courts of Instruction. In the event that domestic violence is committed simultaneously with gender violence, jurisdiction falls on the Courts for Violence against Women.
The body in charge of dealing with matters related to gender violence is the Courts for Violence against Women.
Punishment
The person who commits domestic violence is punishable by imprisonment from six months to three years. In addition, the right to carry and possess weapons is deprived for a period of between three and five years.
In the event that the court or judge deems it necessary for the interests of the minor or person with a disability who requires special protection. It will impose a measure of special disqualification to exercise guardianship, parental authority, curatorship, foster care or guardianship, for a period of one to five years,
When it is committed gender violence a punishment with imprisonment from six months to one year is imposed. A penalty of thirty-one to eighty days of work in favor of the community can be applied. For either of the two penalties, deprivation of the right to carry and possess weapons is established for a period of one year and one day to three years.
In the event that the court or judge deems it necessary for the interests of the minor or the person with a disability who requires special protection. Disqualification from exercising guardianship, parental authority, curatorship, foster care or guardianship will be established for up to five years.
