Consequences of a gender-based violence complaint

What happens if I report my partner for abuse? Undoubtedly, this is a question that many women ask themselves when they are victims of physical or psychological aggression. For this reason, here we want to focus on the subject in depth, although we already anticipate that the consequences at a legal and juridical level are very serious.

Legal keys to reporting gender-based violence

Well, any report of gender violence, also popularly known as a report of ill-treatment, is based on Organic Law 1/2004, of 28 December, on Comprehensive Protection Measures against Gender Violence.

In this sense, given the nature of the definition of gender violence, its object can only be a physical or psychological aggression exercised by a man on a woman with whom he maintains or has maintained a sentimental relationship. It can also be carried out against a third party (the children, for example), with the purpose of harming her. This is what is now known as vicarious violence.

In addition, what differentiates a complaint of abuse from other types of complaints is that the presumption of innocence of the man does not apply. At least in the first instance. This allows for the automatic arrest of the man and the implementation of certain measures for the purpose of protecting the woman while the veracity and consequences of the alleged facts are being determined.

What exactly are the consequences of a report of gender-based violence?

As we hinted above, a report of gender violence gives way to a protocol of protection for the woman that momentarily suspends the presumption of innocence of the accused. All that is needed is the woman's testimony:

• The alleged aggressor is arrested.
• The alleged aggressor may spend up to a maximum of 72 hours detained in a cell waiting to be brought before a judge.
• A judge will decide, depending on the seriousness of the act, whether to keep the accused in prison or to release him with a restraining order against the woman.

Breaking such an order can lead to much more serious problems. Even if it is not with the intention of assaulting the woman. Let us not forget that the restraining order issued by the judge means that the man will not be able to enter her house while it is valid (generally, until the trial in which his guilt or innocence is determined).

He will also be deprived of custody of his children, so he will not be able to see them. This, bearing in mind that the criminal trial can take several months or even years, is a serious problem. But we should also not forget that the defendant will be deprived of his or her right to public subsidies and will see his or her name entered in the Central Register for the Protection of Victims of Gender Violence (better known as the Central Register of Abusers).

What prison sentences can the perpetrator receive if convicted?

The above can be considered as the minimum sentence for gender violence. In fact, it is enough for the woman to keep her testimony for the corresponding judge to issue all these precautionary measures against her partner or ex-partner.

These precautionary measures will remain in force until the criminal trial, in which the innocence or guilt of the alleged aggressor will be proven. In this sense, the penalties for minor offences usually range from 6 months to 2 years in prison, while others can exceed 10 years. It all depends on the classification of the criminal action carried out.

But what do we mean by this? Well, although all these acts can be classified as gender violence, a push or a slap with no physical consequences is not the same under the Penal Code as a beating, a rape or a stabbing.

Is it possible to report gender-based violence anonymously?

Yes, in fact, it is our duty as citizens to bring to the attention of the police any such incident suffered by a neighbour or relative. In other words, it does not matter if we have not experienced it ourselves.

The police cannot force us to give our name. This is something that many people do not want to do for fear of reprisals. However, doing so will always be more useful for police investigations. It is advisable that, in this report, we provide information as precise as possible about the date and time the crime was committed, if it has happened more than once, possible video or audio evidence that has been collected, if there are other witnesses, etc. Any information can be key to the investigation.

On the other hand, it is not necessary to have the consent of the victim of gender-based violence to report an assault. The problem is that, when the time comes to testify before the judge, the case will be closed if the woman refuses to testify and there is no more proof of what happened than her possible testimony.

In short, a complaint of gender violence has very serious consequences in the short, medium and long term, as it sets in motion a mechanism that suppresses the presumption of innocence of the man. This involves stripping him of rights such as, for example, seeing his children or entering the family home. It also involves spending between 1 and 3 days in a cell until he is brought before a court. However, given that the aim is to protect the woman with whom he is or has been in a relationship from a male aggression, these measures are necessary.