The Plenary of the Supreme Court has dictated that it is gender violence all that that is exercised against a woman in the area of the couple or ex-partner, even if it is a mutual aggression and, even, it was she who initiated the physical fight.
The sentence, in which the magistrate Vicente Magro Servet, has been a speaker, difference between the crime of gender violence against a woman and that of domestic violence. "Proof of aggression, the fact is constitutive of gender violence and if there is mutual aggression, as in this case, both must be condemned, gender violence to man, and family to woman," he says.
With this argument, the high court revokes the acquittal of both that agreed the Provincial Court of Zaragoza and condemns the man to the penalty of 6 months of prison with restraining order and its accessories and the woman to a sentence of 3 months with the same accessory and distance.
As it is related in the proven facts, "at a certain moment a discussion between them was started motivated by do not agree at the time that they had to go home. "After that, they attacked each other," so the defendant punched him in the face and he smacked him with his hand open in the face, receiving a kick from him. she, without the production of injuries. "