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Portada » Practice areas » Gender-Based Violence » Falsely accused transgender individuals
PROBLEMS
I need a lawyer who believes in my identity and fights for my rights.
I am looking for a specialist who will defend my case with understanding and determination.
I need a lawyer who looks beyond stereotypes and fights for my truth.
SOLUTIONS
PSYCHOLOGICAL SUPPORT
Here, you will be heard with empathy, openness, respect, and understanding by our psychologist, in a safe space where your identity and experiences are validated and respected.
Specialized experience in falsely accused transgender individuals.
LEGAL CONSULTATION
Schedule your free consultation and take the first step toward justice with the support of Spain’s first transgender lawyer, specialized in defending the trans community against legal challenges related to gender-based violence.
TAILORED FINANCING
Aware of the additional barriers you may face, we are committed to supporting you not only legally, but also by financing your access to justice with no interest.
I am Javier Sanz, a lawyer specialized in the Gender Violence Law and the Trans Law
I deeply understand the complexities and sensitivities involved in both the Gender Violence Law and the Trans Law in Spain.
AS YOUR LAWYER, MY PRIORITY IS THAT YOU ARE TREATED WITH JUSTICE AND RESPECT WITHIN THE CURRENT LEGAL FRAMEWORK.
This is a safe space where your identity, your experiences, and your rights are validated and defended with determination.
My Personal Experience in Transgender Violence
The legal implications of gender transition
MY GENDER SELF-DETERMINATION
I am the first transgender lawyer in Spain who has officially transitioned in the Civil Registry, which has helped illustrate the simplicity of the legal procedure and how the law applies in specific gender-based violence contexts.
THE LACK OF ADDITIONAL REQUIREMENTS
Despite media pressure, it is important to clarify that changing gender in the civil registry and on the national ID can be a direct and accessible process, requiring only the presentation of the existing identification document, without additional requirements.
LEGAL IMPLICATIONS OF TRANSITION
According to Article 46 of the Trans Law, offenses committed before the transition from male to female are judged under the previous male identity, while any offense committed after the transition is judged under the new female identity.
GENDER-BASED VIOLENCE AND THE TRANS LAW
This has significant implications for how violence cases are handled. For example, under current law, a trans woman cannot be tried under gender-based violence laws for crimes committed after transitioning, but would instead be judged under domestic violence laws.
TRANS ACTIVIST
My commitment is to continue working tirelessly to ensure that every individual receives the respect, protection, and justice they deserve under current legislation.
Get your free consultation
Your fight for justice deserves the best support.
Work with Spain’s first TRANS lawyer for unprecedented legal advice.
+34 637 342 483
hola@abogadoviolenciadegenero.com
WHAT YOU SHOULD KNOW
Always carry documentation that certifies your status as a trans person.
There are trans associations that can help you defend your LGTBIQ+ rights.
Maintain a firm identity: Ensure your trans identity is respected at every stage.
Offenses committed before transitioning to female will be judged as male (Art. 46 TRANS LAW).
Testimonials
Some of the reviews from trans women I have defended
Sin embargo, mi situación era particularmente compleja debido a que, aunque nací hombre, me identifico y estoy legalmente reconocida como mujer bajo la ley trans. Este detalle cambió completamente la dinámica del caso.
Cuando llegamos al cuartel para tramitar la denuncia, pude demostrar mi identidad de género, lo que llevó a que el caso se reclasificara como violencia doméstica en lugar de violencia de género.
Finalmente, cuando se hizo evidente que tanto mi esposa como yo podríamos ser condenadas por injurias mutuas, la propia jueza nos aconsejó sabiamente sobre las consecuencias de continuar con el proceso legal. Decidimos no ratificar las denuncias en el juzgado, y el caso se archivó.
Learn EVERYTHING you need to know to change your sex in this video I have prepared for you.
Defending your identity and strengthening your gender role should not be a path you walk alone
Join our transgender community and receive in your email our best recommendations and resources to protect your gender identity.
You will find practical advice, empowerment techniques, and clear steps to move forward in your gender self-determination.
What does the procedure involve?
The Trans Law in Spain facilitates and regulates the process of gender change in official records, guaranteeing the right to gender self-determination.
Personas transgénero acusadas falsamente
REQUIREMENTS
The Trans Law allows individuals to define their own gender and name without the need for medical or psychological intervention or hormonal treatment.
LEGAL AGE
With no requirements, from the age of 16.
Minors between 14 and 16 must be accompanied by their parents. If the minor does not have parental consent, a court-appointed guardian will be assigned to resolve the conflict.
From 12 to 14 years old, gender may also be modified provided the minor has judicial authorization.
Children under 12 cannot change the registered sex marker, but they may change their name to align with the gender with which they identify.
TIMEFRAMES
Once the application is submitted to the Civil Registry, it must be ratified within a maximum period of three months, and approximately one month later, a decision will be issued granting or denying the gender change.
REVERSIBILITY
The law allows that within six months a trans person may request to revert to their original sex.
SANCTIONS
Acts of discrimination against LGTBIQ+ individuals may be sanctioned with fines of up to €150,000.
DOMESTIC VIOLENCE
According to Article 46 of the Trans Law, a person will be judged under their male identity for offenses committed before their gender transition and as a trans woman for offenses committed after the transition.
Therefore, no trans woman may be tried under Gender-Based Violence laws for acts committed after changing sex in the Civil Registry.
Get your free consultation
Si buscas justicia, estás en el lugar correcto.
Asesórate con expertos comprometidos.
+34 637 342 484
hola@abogadoviolenciadegenero.com
We’re sure you still have questions
I have prepared a list of some of the most frequently asked questions, but if you still have doubts, write to hola@abogadoviolenciadegenero.com and we will help you.
Your lawyer must ensure that your trans identity is respected at every stage of the process. This includes addressing any prejudice or discrimination and ensuring that your identity is not used against you. The defense should focus on the facts of the case, keeping your trans identity as an important consideration, but not as a negative factor.
Speak openly with your lawyer about your concerns. It is crucial that you feel your identity is understood and taken into account in your defense. If you believe your trans identity is being unfairly used against you, your lawyer should address this directly, both in the legal strategy and in any interaction with the court or opposing parties.
Yes, there are organizations and legal resources dedicated to helping trans people in situations of gender-based violence. They can provide additional support, guidance, and access to specialized support networks. Your lawyer can direct you to these resources to obtain more specialized assistance.
Consider seeking support from counselors specialized in gender and violence issues. It may also be helpful to get involved in support groups for trans people, where you can share experiences and receive support from others who have faced similar situations. Maintain open communication with your lawyer about how the process is affecting you emotionally.
Yes, it is important to have a lawyer you trust and who fully understands your situation, including your trans identity. If you feel your current lawyer is not providing the representation you need, seeking another lawyer who better aligns with your needs and has a deeper understanding of the intersection between gender-based violence and gender identity is a valid option.
As a victim of gender-based violence, you have the right to seek protection and legal assistance like any other woman. You can request protection orders and use support services and legal advice specifically available for transgender women.
According to Article 46 of the Trans Law, you will be judged for offenses committed before your transition under your male identity and, therefore, you cannot be tried for gender-based violence for those acts, but rather under domestic violence provisions. This affects how accusations and legal proceedings are handled in your case.
If a man has legally changed his gender to female and identifies as such, it is possible that she may be placed in a women’s prison. Policies regarding the placement of transgender individuals in prisons vary depending on the country and the specific regulations of each correctional system.
Key Considerations:
Legal Identity: The main factor is whether the gender change has been legally recognized and documented in official documents such as an ID card or passport. If a person has officially changed their gender in legal documents, they are more likely to be placed in a prison corresponding to their legally recognized gender.
Prison Policies: Some correctional systems have specific policies guiding the placement of transgender individuals to ensure their safety and well-being. These policies may require an assessment of security risks and medical needs.
Human Rights and Protection: Human rights considerations are crucial. Placement must ensure protection against harassment and violence and provide access to necessary medical care, including, in many cases, ongoing gender transition treatment.
Cases and Precedents: In various places, there have been cases of transgender women (individuals assigned male at birth who identify and live as women) being placed in women’s prisons. However, such cases often involve legal disputes and depend on individual circumstances and institutional policies.
In summary, for a transgender person who has transitioned from male to female, local policies and practices will significantly influence placement in a correctional facility. The general trend in many systems is toward greater consideration of gender identity in prison assignments, although implementation may vary widely.