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Sex change allows convicted abuser to avoid jail in Sevilla
In Spain, the laws permits anyone over the age of 16 to change their registered gender identity
In a case that’s calling the entire Spanish justice system into question, a man sentenced to 15 years in prison for assaulting his partner in Sevilla has evaded incarceration by exploiting a legal loophole - changing his registered gender identity.
This unprecedented case has raised concerns about the potential misuse of Spain's recently enacted gender self-determination law.
The man, with a history of psychological and physical abuse toward his ex-partner, found a way to circumvent the justice system. Despite numerous reports to the Court of Violence against Women in Sevilla and restraining orders issued in the victim's favour, the abuser repeatedly violated these instructions, leading to a prison sentence for breach of sentence and threats.
However, in an unlikely twist, it turns out that the perpetrator changed his gender in the Civil Registry back in August 2023 and is now identifying as a woman. This has forced the Court of Violence Against Women to withdraw from the case and scrap the charges of injuries, threats and abuse.
Criminal lawyer José Antonio Sires described the move as an "undoubted fraud of law," since the man, who has a criminal record in matters of gender violence, now "seeks to be tried by a criminal court and not by a specific one for Gender Violence" by virtue of this registry change.
According to the lawyer's press release, the victim "broke off the relationship with her ex-partner five years ago due to the psychological and physical abuse to which he subjected her for more than ten years, facts that were reported on numerous occasions to the Court of Violence against Women in Sevilla.”
In this way, he’ll avoid the lengthy jail term since the severe penalties for a man who exerts physical or psychological violence against his wife or ex-wife no longer apply.
"The aggressor's use of this rule is intended to distort the law, twisting it in order to benefit from something to which, in reality, one has no right," the lawyer said, explaining that the defendant's defence team has now requested a full pardon.
What does the law say?
The recently enacted gender self-determination law in Spain allows individuals over the age of 16 to change their registered gender identity without medical or psychological reports or procedures. While intended to protect the rights of transgender individuals, this case underscores the potential for misuse.
Sires highlighted Article 46.3 of the law, which states that the change of registered gender does not alter the legal regime applicable to an individual for the purposes of comprehensive protection measures against gender violence.
Despite this provision, the accused in this case has slipped through the cracks of the legal system.
The story of Antonio Luis BR, who sought to be pardoned from his prison sentences as a "new" person, further emphasises the urgency of addressing this loophole.
In September last year, BR was convicted of a crime of gender-based violence and handed down a prison sentence. He then went to the Civil Registry and registered as a woman, later requesting to be pardoned.
Image: Freepik
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