Government Proposes New Legal Framework to Address Vicarious Violence

In a significant step towards tackling one of the most harrowing forms of gender-based violence, the Government has initiated a draft law that introduces vicarious violence as a specific crime under the Penal Code. This move, which aims to create a comprehensive framework to address such acts, garners both support and scrutiny from legal experts. Vicarious violence is defined in the draft as acts of violence directed towards individuals in a victim's environment, primarily to inflict pain or suffering on women. This includes children, minors under guardianship, parents, siblings, and current partners, making the reach of this crime far broader than initially anticipated. The proposed legislation marks a notable amendment to the 2004 Comprehensive Law Against Gender Violence, and it seeks to not only classify the crime but also to delineate punitive measures for offenders. One notable aspect of the draft is the introduction of Article 173 Bis, which classifies vicarious violence as a crime against moral integrity. Under this law, perpetrators who commit violent acts against their partners or ex-partners, which harm or threaten their children or other family members, can face enhanced penalties. The law’s double criminal type aims to ensure that all victims—regardless of gender—are afforded protection, thereby addressing concerns of discrimination in legal responses. However, legal scholars express skepticism regarding this approach. Cira Domínguez, head of the Violence Against Women Court in Getafe, cautions that labeling vicarious violence as a specific crime could inadvertently legitimize arguments around Parental Alienation Syndrome, potentially complicating future cases. Furthermore, María Acale, a Criminal Law professor at the University of Cádiz, argues that the existing Penal Code may already encompass the necessary provisions to prosecute such cases. The emphasis, she suggests, should be on developing an aggravated classification under current laws rather than creating new ones that may lead to more confusion. Critics also highlight the implications of categorizing vicarious violence as separate from other violent crimes, questioning whether merely inflating penalties will effectively deter offenders who may not be sensitive to legal repercussions. They emphasize that training for judges and practitioners in handling such sensitive cases should be prioritized over legislative reforms that might not yield real-world improvements. Moreover, a particularly ambitious aspect of the proposed law is the provision that would allow judges to prohibit offenders from publishing or disseminating content related to their crimes. This initiative was largely inspired by public outcry following the publication of 'El Odio', a book by José Bretón detailing the tragic murder of his children. The government seeks to prevent a repeat of such incidents, which can cause additional psychological harm to victims and their families. However, concerns about the potential infringement of freedom of expression and the consequences of such prohibitions have spurred debates among legal experts. Education and training also figure prominently in the proposed reforms. The draft mandates enhanced training for judges and legal professionals on vicarious violence, gender perspectives, and the rights of children. It aims to ensure that all judicial officers, not just those in exclusive domestic violence courts, receive the necessary training to handle these sensitive matters appropriately. The draft law additionally proposes measures to enhance children's rights within the context of custody and guardianship decisions in cases of domestic violence. By ensuring that the voices of children and adolescents are heard prior to making such decisions, the law recognizes their often-overlooked perspective in matters of family violence. As the draft continues through the legislative process, the government remains committed to addressing the complexities surrounding vicarious violence. With rigorous discussions and expert opinions emerging, it is clear that the implementation of this law will not only redefine legal frameworks but also challenge societal perceptions of gender-based violence in more profound ways. Related Sources: • Source 1 • Source 2