In the legal realm, the terms “gender-based violence” and “domestic violence” are often used interchangeably, but they refer to different types of crimes. It is crucial to understand these Difference between gender violence and domestic violence to address each situation correctly from a legal perspective.
Today, we provide you with a comprehensive guide on the difference between gender-based violence and domestic violence.
At Legal Boutique Ibiza, as specialists in family and criminal law, we aim to offer a clear guide to help you understand and differentiate these concepts.
What is Gender-Based Violence?
Gender-based violence refers exclusively to violence perpetrated by a man against a woman simply because she is a woman. This type of violence inherently involves discrimination, inequality, and subordination, where the male exerts power over the female.
Not all aggressions by a man towards a woman are considered gender-based violence. If the discriminatory components mentioned above are absent, these acts will be categorized as other types of aggression.
One common factor that helps differentiate between gender-based violence and domestic violence is the current or past relationship between the aggressor and the victim. If they are or have been spouses or have maintained an analogous sentimental relationship, whether or not they lived together, it will always be considered gender-based violence.
What Crimes Fall Under Gender-Based Violence?
The Organic Law 1/2004 of December 28 on Comprehensive Protection Measures Against Gender-Based Violence serves as a safeguard for all abused women. It is supported by the Penal Code, which lists the various crimes classified as gender-based violence:
- Assault (Delito de lesiones): These can be minor (6 to 12 months in prison) or severe (6 months to 3 years in prison, extendable to 5 years if aggravated).
- Abuse (Delito de malos tratos): Applicable when the aggression causes psychological harm to the victim. Penalties range from 6 months to 1 year in prison, 31 to 80 days of community service, and up to 5 years of disqualification from parental authority.
- Threats (Delito de amenazas): Unlike insults, which may be considered an offense against honor, threats involve evoking a future harm to instill fear and anxiety in the victim.
- Coercion (Delito de coacciones): The aggressor uses intimidation to force the victim to do something against their will, which can lead to up to 3 years in prison.
Additionally, more serious crimes related to gender-based violence include actions against the victim’s sexual freedom and integrity (such as forcing prostitution) or coercing an abortion against their will. Acts resulting in the death of the woman are also included.
What is Domestic Violence?
Domestic violence refers to violence within the family sphere, and it can be perpetrated by any family member, regardless of gender or age. The only requirement is that the act or omission undermines the psychological, physical, economic, or sexual integrity of another family member.
For instance, if a daughter assaults any of her parents, grandparents, or siblings, it is considered domestic abuse. The same applies to violence between members of a homosexual or intragender couple.
What Crimes Fall Under Domestic Violence?
Unlike gender-based violence, domestic violence does not have its own specific law. The associated crimes are listed in the Penal Code:
- Minor Assault and Injury (Delito de maltrato de obra y lesiones leves): These can involve physical or psychological aggression that does not require medical treatment. The aggressor and victim must belong to the same family unit.
- Threats, Insults, Coercion, or Minor Abuses (Delitos de amenazas, injurias, coacciones o vejaciones leves): Generally, these do not carry prison sentences but may result in restraining orders.
- Stalking (Delitos de acoso y hostigamiento): Includes behaviors that undermine the victim’s sense of safety and freedom, such as persistent surveillance or attempts to contact the victim through third parties.
- Habitual Violence (Delito de violencia habitual): Occurs when psychological or physical violence is habitually exercised by one family member over another.
- Sexual Assault and Abuse (Delitos de agresión y abuso sexual): These are the most serious offenses. Sexual assault can result in up to 15 years of prison if it involves a superior or familial relationship. Sexual abuse with carnal access can lead to up to 10 years in prison.
- Non-consensual Sexting (Delito de ‘sexting’): The non-consensual dissemination of sexual images or videos, which can result in up to 1 year in prison.
Key Difference between gender violence and domestic violence
The main difference lies in the identity of the aggressor and the relationship with the victim. Gender-based violence can only be perpetrated by a man against a woman. In contrast, domestic violence can occur between any members of a family unit, regardless of gender.
Conclusion Difference between gender violence and domestic violence
Understanding the differences between gender-based violence and domestic violence is essential for addressing each case appropriately and providing adequate protection to victims.
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