Dismissal of Vicarious Gender Violence Complaint Highlights Gaps in Spanish Legal System
The Court of Violence against Women number 1 in Granada has dismissed a complaint for vicarious gender violence filed by Juana Rivas against her ex-partner, Italian Francesco Arcuri. Rivas accuses Arcuri of using their two children to inflict harm on her over the past eight years. In a ruling obtained by Europa Press, the court stated that the incidents reported by Rivas have already been documented in other ongoing criminal proceedings, leading to the provisional dismissal of her current complaint.
The magistrate emphasized that regardless of how the complainant categorizes the actions, no new criminal acts have been identified outside of those already being tried. This decision serves to prevent the same facts from being litigated multiple times, as established by the Criminal Procedure Law. Additionally, the judge clarified that this dismissal does not affect any claims Rivas may pursue in already open cases.
Rivas’s legal team has indicated plans to appeal the decision before the Provincial Court, expressing concerns that the legal system in Spain fails to adequately recognize the severity of such violence, which involves the harm inflicted on children to punish the mother. Lawyer Carlos Aránguez spoke out, stressing that vicarious violence—where the perpetrator harms a victim indirectly through children—is a serious issue that deserves acknowledgment and appropriate legal action.
According to Aránguez, the children's testimonies are heart-wrenching and showcase a deliberate effort by Arcuri to exert control and instill fear in Rivas. He described the actions taken by Arcuri, such as removing the children from their mother and subjecting them to psychological distress, as emblematic of vicarious violence, which is not just a legal concept but a pressing social issue demanding attention.
Despite existing laws including provisions against vicarious violence in Spain, advocates insist that there is a pressing need for judicial systems to act more effectively against such cases. Within recent legislative efforts, vicarious violence is recognized as one of the most dire forms of gender-based abuse.
Juana Rivas’s case is described not merely as an isolated incident but as a broader cause that highlights the systemic flaws in addressing gender violence. Following this ruling, Rivas’s legal team begins a challenging path of appeals, determined to shed light on and advocate for necessary legal reforms around this critical issue.
In a bid to bring further visibility to the conversation surrounding institutional violence, a conference titled "Institutional Violence: The Case of Juana Rivas" is scheduled to take place on March 5 at the Faculty of Political Sciences and Sociology in Granada. This forum aims to engage in discussions about the underlying issues surrounding gender violence and the legal frameworks—or lack thereof—that address it. The overall sentiment expressed by Rivas and her supporters is clear: action and policy reform are desperately needed to safeguard both mothers and their children from the devastating impacts of vicarious violence.
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