How to Report Mistreatment

The constant fear of being the object of mistreatment and humiliation by one’s partner at any time of the day constitutes one of the obstacles, now a habit, in the lives of many women , and to a lesser extent men, in Spain and the rest. of the world.

Every day, thousands of people become victims of unscrupulous executioners, who do not hesitate to use their strength and position of dominance within marriage to subject their partner to their own decisions and commands. To the point that if the subjugated spouse, whether male or female, does not comply with the former’s orders, the consequences for his physical and mental state can be especially harmful.

What to do in case of abuse

From Legal Things a series of fundamental points and keys will be presented so that those women who find themselves in this complex and critical situation can obtain resources to know what to do at all times and not remain passive while their partner continues to take advantage of and abuse their good will. .

Law 13/2007 of November 26 itself establishes in legal terms what can be defined as gender violence . This concept, to be such, must bring together 4 essential aggressive and violent components :

– Physical violence , refers to any act of force that attacks a woman, causing serious damage or any type of injury that hurts her body.

– Psychological Violence , relating to any form of action, whether verbal or not, that deeply hurts women , denigrating or devaluing them through the use of insults, threats, humiliation or humiliation.

– Economic violence  , referring to the deprivation with total intention, and not legally justified, of resources for the physical and mental well-being of women, as well as their sons and daughters.

– Sexual Violence and Abuse, related to forcing the woman to perform the sexual act without her prior approval, through the use of force, intimidation or imposition, regardless of whether the aggressor establishes a marital relationship with the woman or not.

Once this complex technicality has been clarified, we will go on to realize some fundamental points when it comes to knowing how and where to report a situation of abuse:

-We must keep in mind, having said that, that the presence of a physical or mental injury is not necessary or essential to be able to report a situation of gender violence , since it is enough simply for there to be a threat that degrades or harms the person. . The Law states in these cases that “gender violence constitutes in itself a crime different from that of injuries; if the aggression also caused physical injury, the aggressor would be punished for the injuries caused.”

-To report suffering from mistreatment , depending on the Autonomous Community in which you are located, you can go to one organization or another. However, in general, you can file said complaint at the Police Departments , Violence Against Women Court or at the Police Court . When you go to these organizations, you should try to control the situation and calm down to explain in detail what happened , that is, if on previous occasions the husband has carried out violent episodes with his wife or with any other person close to him, if he has weapons to can be removed.

-Any woman who finds herself in this situation has the right to a copy of her complaint, to be informed at all times of the right that corresponds to her as such and that she can request. In her case, she would be talking about a protective order . However, in the event that the complaint has been presented to police agents, she will have the possibility of developing the entire process through criminal proceedings through what is called “a quick trial.”

-Once the complaint has been presented to the appropriate organizations, a judicial procedure will begin before the Court of Violence against Women to analyze the situation, study everything that has happened so far and the conduct of the plaintiff and the defendant, to finally convict or not the alleged culprit.

-The law also determines that it does not necessarily have to be the woman who is the victim of abuse who must file the corresponding complaint , since any family member, acquaintance or friend of the victim who knows her situation may without problems  report  the alleged culprit before the Court. as well as the Public Prosecutor’s Office, so that they are responsible for putting in place all the necessary resources and thus beginning the judicial procedure and investigating the case.

-There is several evidence that can dismantle the presumption of innocence of the husband and demonstrate that the woman has indeed been a victim of gender violence, although, first of all, it should be said in advance that the simple testimony of the female victim is sufficient. For justice , then, it is understood, they are crimes that occur in the most absolute family privacy. Despite this, this situation would also be validated if:

-The husband himself recognizes his responsibility and guilt for participating in the attacks he inflicted on his wife.

-Statements in favor of the victim from eyewitnesses or family members , neighbors or social assistance professionals .

-In the event that they are minors , the judicial authority will allow the corresponding interview to be carried out with the victim without the latter having their alleged aggressor in front of them. This practice will be carried out through audiovisual or technical means.

– Written and visual documents : photos that reflect the aggression, medical, forensic, psychological and social report.

-The woman who has reported a situation of abuse will have the most absolute security from the justice system. Her privacy regarding data, personal addresses will be protected . In the event that the proceedings are carried out, any identification number or key may be requested.

The departure of the husband from the home and prohibition of his return will also be agreed upon , as well as his approach to any place where the victim is, whether at work or daycare, with communication and visits with his children being suspended . In addition  , the alleged aggressor’s parental rights and custody of his children will be suspended , as well as the use of weapons of any type. All these security measures may be maintained after the final ruling and during the processing of the usual appeals.

-Finally,  the judicial authority may consider provisional imprisonment for the aggressor if it considers it strictly necessary for the protection and safety of the victim and provided that the events that lead to a crime carry a penalty equal to or greater than two years in prison.

Where to go when you suffer abuse

Below we provide some information of interest for those women who suffer from this situation:

1) Immediate Assistance Service for Abused Women
Emergency Telephone for Reporting Abuse: 900 100 009
Free Call 24 hours a day.

2) Single Emergency Telephone: 112

3) Free 24-hour information telephone number for Women: 900 19 10 10

4) You can also go to the Commission for Investigation of Mistreatment of Women at C/ Almagro 28, 28010 Madrid. Tel. 91 3082704

5) Police Women’s Assistance Service (SAM) in all Police Headquarters.

Information Source Ministry of Justice and the Andalusian Women’s Institute.

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