Success in Gender Violence Case: Acquittal of an Innocent Client
INTRODUCTION:
Victory in a gender-based violence case: At Criminal Court No. 4 of Castellón, Judgment No. 0138/2017 was issued on March 3, 2017. This ruling marked an important milestone in the fight against gender-based violence and the breach of restraining orders in Spain. Below, we present the details of this success case.
BACKGROUND:
The proceedings originated from a police report filed by the Guardia Civil in Burriana on November 29, 2015, when a complainant, identified as “The Complainant,” reported her former partner, identified as “The Accused.” The Court of Violence Against Women No. 1 of Castellón initially handled the case for alleged threats and breach of a restraining order. Once concluded, the case file was transferred to the Criminal Court, and the present proceedings were initiated under Summary Proceedings No. 4/2017.
The Public Prosecutor led the prosecution at the hearing, classifying the facts as an offence of serious gender-based threats, aggravated subtype, and breach of restraining measures, with the aggravating circumstance of repeat offending. A sentence of one year of imprisonment was requested, along with disqualification from the right to vote, prohibition from possessing weapons for three years, and a double prohibition on approaching and communicating for a period of three years.
EVIDENCE AND TESTIMONIES:
At the trial hearing, several testimonies were presented, including that of the complainant, “The Complainant,” and her eight-year-old son, “The Child.” In addition, “The Current Partner,” the accused’s current partner, also testified.
The judge assessed the statements and evidence presented during the hearing. “The Complainant” stated that her son, “The Child,” returned home visibly nervous after being with his father, telling her that his father had threatened to break his mother’s legs with the bat he had been playing with, as well as threatening his current partner. “The Child” corroborated this account and expressed fear. “The Current Partner” also testified.
JUDGMENT AND RULING:
The judge ruled that “The Accused” was guilty of an offence of serious gender-based threats, aggravated subtype, and breach of restraining measures. The aggravating circumstance of repeat offending was also taken into account, as the accused had a prior conviction for threats.
The sentence imposed consisted of 75 days of community service and a prohibition on possessing weapons for three years. A double prohibition on approaching and communicating with “The Complainant” was established for a period of 24 months.
COSTS:
Procedural costs were imposed on the accused, including those arising from the private prosecution, which acted in accordance with the principles of procedural good faith.
LESSONS LEARNED:
This success case is an example of how the Spanish legal system addresses cases of gender-based violence and breaches of restraining measures effectively. The ruling was based on solid evidence, credible testimonies, and compliance with laws that protect victims of gender-based violence.
This success case demonstrates the importance of justice in the fight against gender-based violence in Spain. Victims have rights and protection, and the legal system focuses on ensuring the safety of those affected. “The Accused” was convicted and the corresponding sanctions were imposed, sending a clear message that gender-based violence will not be tolerated in Spanish society.
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