consentimiento

The Trial Court sentenced the accused (AA) to two years in prison for aggravated domestic violence.  The court considered the aggravating circumstances to be the accused’s recidivism and the use of his strength to overpower his female victim.  AA had a history of domestic violence against his wife (BB).  Even though he had repeatedly assaulted BB and stabbed her once, BB refused to file a complaint against him.  A family court judge imposed a restraining order against AA pursuant to which he could not get closer than 300 meters to BB and her children.

The plaintiff sued the defendant in Civil Labor Court for damages suffered because of sexual harassment in the workplace. The plaintiff was an employee of the defendant for 13 years, always received good performance reviews, and was promoted. One of the company’s directors continuously harassed her in the workplace for over two years even though the plaintiff rejected his propositions. Over the course of those two years, the director sent several inappropriate text messages and emails to the plaintiff, to which she never responded.

Spain criminalizes certain behaviors contrary to gender justice, such as the practicing of abortions without the patient’s consent, and female genital mutilation. In particular, Article 149 criminalizes female genital mutilation, establishing a penalty of six to twelve years in prison. Article 173 criminalizes the habitual physical or psychological violence exercised against a spouse or partner, punished with a penalty of six months to three years of prison (regardless of the penalty for any specific acts of violence that may have occurred).