July 24, 2021

The Observatory urges to break myths about violations and to apply the gender aggravation

The Observatory urges to break myths about violations and to apply the gender aggravation



The Observatory against Domestic and Gender Violence has urged today to break with the myths surrounding sexual aggression and to apply the gender aggravating circumstance to any crime committed against women, regardless of the relationship they maintain with the aggressor.

These are the main conclusions reached by the Observatory in its VII Congress that has gathered representatives of all the agents involved in the struggle against sexist violence, from judges and prosecutors to members of the security forces of the Senate. State and professionals in the health or education field, among others.

During these two days, experts have emphasized that, to fight effectively against crimes against sexual freedom, it is essential to eradicate stereotypes that plan on sexual assaults, such as that in order to have a violation it is necessary that the victim has injuries or that is "unmade soul" or that only attractive people suffer.

This has been stated by the person in charge of reading the conclusions of the Congress, the president of the Observatory and member of the General Council of the Judiciary (CGPJ), Ángeles Carmona, who has emphasized that "reality shows that victims of rape do not usually show injuries" and that "many of them narrate the facts in a cold, distant and without emotional component".

It has also appealed to the urgency of broadening the concept of violence against women as set out in the Istanbul Convention, for which it has called for the application of the gender aggravating factor "to all criminal acts committed against women", regardless of the relationship you have with the aggressor.

Participants have assessed the next version of the police risk assessment forms, which will refine the prediction of recidivism but also that the case may culminate in the murder of the woman, and will have special consideration of the children or minors in charge.

This is not the case with forensic assessment, an effective protection tool but "clearly underutilized". For this reason, the Observatory has called for the implementation of forensic risk assessment units "where they do not yet exist" and that are equipped with the necessary personal and material means.

And in order to make victims protection measures more effective, they should be adopted as if they were a "tailored suit", for which it is essential to take into account the personal characteristics of each victim, the nature of the crime and its circumstances and consequences, added the president of the Observatory.

But it is also essential to have a "detailed and exhaustive" analysis of risk factors in both the victim and the researched, the experts at the Observatory, integrated by the CGPJ, the Ministries of Justice, Health and Interior, the Office of the Attorney General of the State, the communities with competences transferred in Justice, the General Council of the Spanish Law and the General Council of Attorneys of Spain.

On the protection of minors, and although there is a large battery of precautionary measures, the truth is that "they are not adopted as much as would be necessary," said Carmona, who has blamed this fact that "maybe the rule does not apply. perspective of gender violence ".

Hence, it has opted to strengthen training and social awareness in order to consider all effects to minors as direct victims of sexist violence.

However, minors can also be aggressors and in fact the Observatory has noted an increase in cases among adolescents, which is why Carmona has invited "reflection and study" on this reality.

In addition, in the different presentations the participants have alluded to the urgency of transposing into our order the Convention for the repression of trafficking in persons and prostitution of others, signed at Lake Success, New York, on March 21, with the objective to arbitrate a system of integral protection of the potential victims.

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