Specialist Lawyers in Gender Violence Offences

We are a criminal law firm in Madrid specializing in gender violence offences. Since the founding of Valmaseda Abogados, we have maintained a strong defence in gender violence cases, achieving notable results throughout Spain and especially before the National Court (Audiencia Nacional), securing either acquittals or case dismissals for our clients during the investigative phase.

What is Gender Violence?

Gender violence is any act committed by a man that results in physical, sexual, or psychological suffering of a woman solely because she is a woman.

Gender violence has the following characteristics:

Most often it is perpetrated by a male against a female with whom he has or had an emotional relationship, with or without cohabitation.
It may also include cultural practices such as female genital mutilation, forced marriage of girls, human trafficking, rape, and sexual harassment.
However, under Spanish legislation, gender violence is defined as physical, sexual, or psychological aggression against a woman by a man with whom she has had an emotional relationship.
The victim must be a woman, though since 2014 minors who are the children of women suffering gender violence are also considered victims.
It can take different forms, including physical, psychological, sexual, or economic violence.
It affects physical integrity, freedom, and moral integrity.
It is driven by the intention to manifest the perpetrator’s feeling of superiority over the woman.

Legal Framework for Protection of Women Against Gender Violence

Protection for women victims of gender violence can be found in the following legal provisions:
- Spanish Constitution – Fundamental rights and public freedoms (Article 15)
- European Parliament Decision 779/2007/EC – Program to prevent and combat violence against women, children and youth
- Organic Law 1/2004 – Comprehensive protection measures against gender violence
- Spanish Penal Code – Defines criminal offences including habitual and non-habitual mistreatment, coercion, threats, injury, harassment, insults, minor abuses, and breach of court orders
- Civil Procedure Law

Criminal Procedure Law
Organic Law 1/2015 – Amendments to strengthen special protection for victims of gender violence
Royal Decree 12/2020 and Royal Decree 463/2020 – Special measures during the COVID-19 state of emergency
Law 1/2021 – Urgent protection and assistance measures for victims of gender violence
Organic Law 8/2021 – Comprehensive protection of children and adolescents against violence
Organic Law of the Judiciary – Establishes courts dedicated to violence against women.

Special Protection for Women Victims of Gender Violence

Women victims of gender violence have special protection in the following areas:

Courts for Violence Against Women

Specialised judicial bodies exclusively handle offences arising from gender violence, as regulated by Organic Law 1/2004.

Protection Orders

A protection order is a precautionary instrument that protects victims of gender violence. These measures may be civil, criminal, or administrative in nature.

Labour Rights for Victims

Under the Workers’ Statute, women victims of gender violence have the right to rearrange or reduce their working hours with proportional salary adjustment. They may request geographic mobility or a change of workplace, and they may also suspend employment while retaining their job position. Victims are also justified in cases of absence or lateness. These protections also apply to women working in the public administration.

Specific Rights

Civil rights provide special attention to gender violence situations, including:

Priority access to social housing and public residence facilities
Right to comprehensive social assistance, legal advice, and social aid
In the case of legal aid, it must be immediate and independent of the victim’s financial means to litigate.

Central Registry for Protection of Victims of Gender and Domestic Violence

There is a centralised registry where penalties and security measures imposed in gender and domestic violence cases are recorded. The objective is to provide information for those interested in knowing the judicial background and taking appropriate legal action.

Difference Between Gender Violence and Family Violence

Although the terms gender violence, violence against women, and family violence are often used interchangeably, they are not identical in law.

Family violence (also known as domestic violence) refers to physical or psychological violence carried out within the family due to abuse of dominance by a family member.

Gender violence, on the other hand, is a specific type of family violence that requires the victim to be a woman and the perpetrator a man with whom she has or had an emotional relationship, even if in the past.

As noted above, minors who are children of women victims of gender violence are also considered victims, whereas in family violence they are not automatically classified as such.