It is that crime that commits the man on the woman for the single fact of being a woman, belittling her, depriving her of freedom, respect and capacity for decision.
The offense is specially regulated in article 153.1 of the Criminal Code and entails prison sentences from 6 months to 1 year or work for the benefit of the community from 31 to 80 days, and when the judge deems it appropriate, disqualification for the exercise of parental authority about the children during a period of up to 5 years.
The behavior is not required to be habitual for the crime to exist.
No. Gender-based violence is, by definition, a crime committed by men against women.
The violence of a man over another man, of a woman over another woman or of a woman over a man is a crime of domestic violence that is characterized because it takes place in the home, where mutual respect, equality and equality prevail. family peace.
The Criminal Code says that there is gender violence when it is inflicted on who is or has been a spouse or woman who is or has been linked to man by an analogous relationship of affectivity, although there has been no coexistence. Therefore, the initial response is yes.
However, the Penal Code says that there must be an analogous relationship of affectivity. Therefore, there must be a certain duration and vocation of permanence in the male / female relationship, which goes beyond the anecdote and the friendship relationship. Therefore, sporadic encounters are excluded, even when they are sexual content.
In many cases, only aggressor and victim witness the events. That makes the existence of contradictory versions frequent.
The Supreme Court considers that the victim’s testimony is sufficient evidence in this type of crime, provided there is an absence of subjective disbelief, persistence in the incrimination and credibility in the victim’s statement.
Therefore, try to prove that the victim acts by revenge or resentment, that it does not persist or has not persisted in time without ambiguities or contradictions, or that there are no objective elements that give force to the facts.
The Supreme Court considers that the victim’s testimony is sufficient evidence in this type of crime, provided there is an absence of subjective disbelief, persistence in the incrimination and credibility in the victim’s statement.
Therefore, try to prove that the victim acts by revenge or resentment, that it does not persist or has not persisted in time without ambiguities or contradictions, or that there are no objective elements that give force to the facts.
