The man who changed his sex and is accused of domestic and gender violence, injuries And abuse He was reported for allegedly violating the restraining order, going so far as to go to his ex-partner’s door to “threaten” and “insult” her, as reported by the victim’s lawyer, Jose Antonio Sires.
The Court of Violence against Women number two of Seville had inhibited itself in favor of the Courts of Instruction when the accused affirmed that he had registered as a woman. In this context, and while the accused is at liberty, the victim’s defense requested that the person under investigation be given “a sentence device which allows know your locationalerting if approached within 300 meters of the victim.
In his writings to Court of Violence against Women number twoto which the Court of Instruction number 15 The case was recently adjourned after the private prosecutor appealed the injunction in favor of the investigating courts; the lawyer recalls that last month JulyThe Court of Violence against Women number two itself imposed this person currently registered as “Candy” the ban on approach to his ex-partner and communicate with her by all means. In this regard, he warns that “Candi” would have violated the restraining order, “insult him And threaten her of the door of the house of the victim,” the extreme reported on August 9, 2024.
“The release of the accused revealed a absolute lack of respect for the judicial authority and the victim in particular“, specifies the lawyer, asking that “a control and location mechanism” be imposed on the defendant 24 hours a day, “alerting in the event of approaching less than 300 meters from the victim.”
In the aforementioned and controversial restraining order, the Court of Violence against Women number two of Seville agreed to refer to the investigating courts the proceedings initiated by a woman’s complaint against her ex-spouse and father of her children, for allegations domestic and gender-based violence, injuries and abuse; specifying that he had attached to this procedure an order dated August 6, 2023 of Civil Registry of Carmona“where the rectification of the mention of the sex” of the man who is the subject of the investigation, who “will become a woman” is agreed.
To the point, the Violence Against Women Tribunal Number two explains that “the new formulation given by the Article 44 of Law 1/2004of Comprehensive protection measures against gender-based violenceestablishes that the objective competence, in the criminal field of Judge of violence against womenwill extend to the investigation of crimes committed against anyone who is or has been the wife or woman who is or has been linked to the perpetrator by a similar emotional relationship, as well as descendants, minors or incapacitated who live with him or who are “subject to power, when an act of gender violence has also taken place”.
will of the legislator
“Therefore, and by express will of the legislator, who would otherwise have included them, are excluded any possible crimes or minor offences of which persons other than those mentioned are active or passive subjects”, argues the court, concluding that “the sex of the person reported has changed and is now a woman, so that the preliminary procedures sent for lack of objective competence must be inhibited, with their referral to the Courts of Instruction” of Seville.
In view of this, the criminal lawyer Jose Antonio Sireswhich represents the private action brought by the plaintiff in the case, filed, as indicated, an appeal for review before the court itself against said judicial decision; warning that article 46.3 of Law 4/2023 guaranteeing the rights of LGTBI persons literally provides that “the rectification of the registration mention relating to sex and, where appropriate, the change of name, will not modify the legal regime that, before” the registration of the change of registry, was applicable to the person for the purposes of the Organic Law 1/2004, of December 28of Comprehensive protection measures against gender-based violence“.
This lawyer, who warned that this change of sex of the person investigated to become a woman represents “a fraud on the law”, so that her case is treated by a conventional court and not by a court of violence against women with what that implies. issues of sanctions; explained that this person had already been sentenced in 2019 to 15 months in prison for mistreatment against her ex-partner and the woman who had reported these other acts of alleged domestic and gender violence, injuries and mistreatment.
Women
The defense, for its part, assures that this person has always “felt like a woman” and that the “only mistake” she made was to “grow up in a society in which she was self-conscious for a long time, without being able to express their true sexual condition.
“The day when Trans law She saw the light at the end of the road and 15 days after her approval, she went to the registry to change sex. She only fulfilled her wish to become a woman and the law protected her for the first time. “She did not take this important step just to get out of prison; with this new legal defense, she obtained the acquittal, since the complaint filed was false,” says her defense.
