He aggressor from Seville that change sex to avoid being judged gender violence He attacked his ex-partner again a little over a month ago. “You call the police and they tell you they can’t take her because she’s a woman,” the victim says. “I feel unprotected. He insults me, harasses me and nothing happens.” Her attacker, Candido, is now Candy in the civil registry, a strategy which allows him for the moment to continue to harass her, protected by the Trans law promoted by Irene Montero.
Rosa – not her real name – fears being attacked again by her ex-partner and father of her two children. He was sentenced to 15 months in prisonbut he has not yet served his sentence because he has asked the government for mercy. “Nobody knows the fear that is happening,” he says in an interview with Efe.
They both live less than 20 kilometers from each other and their ex controls all their movements: knows where you live, where you work and your scheduleso every now and then he shows up at her house to try to attack her. The last time she received him was on July 9, Rosa said, a few days after her birthday.
“When I came home from work, I was in the gate. When I opened the door, it started with slaps and then he gave me a punch on the arm. His intention was to give me a cut and leave me in place,” he said. He also grabbed her hair in front of her neighbors, who called 112. When the police arrived, “she said they couldn’t touch her because she was a woman.” The trauma was such that Rosa he cut his hair the next day to try to erase this memory.
Complaints and background
The victim’s lawyer explains that she broke up with her ex five years ago because of the abuseboth psychological and physical, to which he subjected her for a decadefacts that have been reported before the courts of violence against women.
In 2014, the victim obtained several protection orders against her attacker, which he repeatedly failed to comply with, until in 2019 he was sentenced to 15 months in prison for one count of violating a sentence and another for threats. He had already spent 18 months behind bars for mistreating another couple.
On September 11, 2023, once the sentence was final, a court ordered his immediate entry into prison, but for now he has avoided it thanks to a request for pardon to the Government.
Shortly before receiving this sentence, the attacker officially registered his sex change. He was able to do this without any problems, since the civil registry does not require any criminal record extract for processing. The other party involved in the case was not informed either, so Rosa was taken by surprise.
When he reported his ex after the last attack, the Gender-Based Violence Tribunal The person in charge of the case recused himself in favor of an ordinary person because he understood that he was no longer competent: “The sex of the person reported has changed.” Thus, Rosa’s complaint for the new assault is being handled by a non-specialized investigating court and follows the rhythms of ordinary justice, so that it has not yet been adopted. no measures to protect him.
Trans law
THE Trans law establishes that the sexist attacks reported before a man changes his sex in the civil registry will be judged under the law against gender violence. The case is different if the assault took place after the sex change, which would be considered domestic violence, according to judicial sources. Efe.
THE Minister of Equality, Ana Redondo, He assured that those who commit legal fraud and use the Trans Law to escape the sanctions established by the judicial system will be prosecuted, and stressed that these frauds represent a “tiny percentage.”
However, the Home office acknowledged last week that “doesn’t” of a register of aggressors who have changed their gender under the trans law in order to avoid the law on comprehensive protection against gender-based violence, which provides for harsher penalties for such crimes.
