Domestic Violence and Gender-Based Violence

Domestic violence and gender-based violence are related but distinct concepts with significant legal implications. Below we outline their differences and main characteristics.

What Is the Offense of Domestic Violence?

The offense of domestic violence encompasses any act of violence—whether physical, psychological, sexual, or economic—habitually committed by one person against another with whom they share a familial or cohabitation relationship. This type of violence is regulated under Article 173.2 of the Spanish Criminal Code, which emphasizes the need for habituality in the violent acts for them to qualify as domestic violence.

Key Elements:

• Habituality: The acts of violence must be repeated and close in time.
• Dependency or Relationship: The perpetrator, regardless of gender, must have an affective or cohabitation relationship with the victim.
• Broad Spectrum of Victims: Any member of the family unit may be a victim of domestic violence.
• Penalty: Domestic violence is compatible with other penalties arising from specific aggression, such as bodily harm or sexual assault.

What Is Gender-Based Violence?

Gender-based violence is a specific type of violence that occurs when a man exercises violence against a woman with whom he has had or currently has a romantic or intimate relationship, regardless of cohabitation. This violence stems from discrimination and the exertion of control by a man over a woman.

Key Elements:

• Specific Offense: Includes bodily harm, threats, coercion, and other acts that infringe on moral integrity and privacy.
• Harsher Penalties: Gender-based violence carries more severe penalties than identical acts committed outside this context.
• Dual Regulation: In addition to the Criminal Code, gender-based violence is regulated under Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence (Ley Orgánica 1/2004 de Medidas de Protección Integral contra la Violencia de Género).

Key Differences Between Domestic Violence and Gender-Based Violence

1. Scope of the Concept: Domestic violence covers a broader range of relationships and types of violence, whereas gender-based violence focuses on violent acts by a man against a woman within a partnership or intimate relationship.
2. Requirement of Habituality: Domestic violence requires repeated acts, while a single act can constitute gender-based violence.
3. Gender of Perpetrator and Victim: Gender-based violence always involves a male perpetrator and a female victim. In domestic violence, both the perpetrator and the victim may be of any gender.

How We Can Help

Given the seriousness of these offenses and their legal implications, it is crucial to have proper legal representation. If you or someone you know is facing an allegation of domestic or gender-based violence, Fukuro Legal can provide a robust defense and safeguard your rights.