One of the objections that feminist groups raised against this legislative initiative during the processing of what is known as the Trans Law has just materialized in the courts of Alicante, where a Man accused of harassing his ex-partner and mother of his son has alleged that he has changed his sex and, as a woman, cannot be accused of gender violence. A crime that seeks to punish the physical and/or psychological violence exerted by a man towards a woman provided that a sentimental relationship exists or has existed between them, whether formalized or not, and regardless of whether they live together or have never done so. .
In the defendant who has alleged the change of sex, he has done so in a case that is being pursued against him for the violation of a restraining order of his ex-partner, although it is not the only process that is followed against him for gender violence of which the alleged victim is this same woman.
The Law for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, which was approved on February 28 and entered into force two days later, clearly establishes in section 3 of its article 46 that “the rectification of the registry mention related to sex and, where appropriate, the change of name, will not alter the legal regime that, prior to the registration of the registry changewere applicable to the person for the purposes of Organic Law 1/2004 of December 28 on Comprehensive Protection Measures against Gender Violence”.
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And in section 4 it again insists that “the person who rectifies the registry mention of sex from male to female may be the beneficiary of positive action measures specifically adopted in favor of women by virtue of article 11 of the Organic Law 2/2007, of March 22, for the effective equality of women and men in situations generated after the registration change becomes effective, but No regarding the legal situations prior to the registry rectification“.
Even so, and although it seems that there are no doubts in this case about the origin of charging for gender violence, the delegated prosecutor for this matter in Alicante, Gonzalo Pedreño, has raised a query to his counterpart in the Supreme Prosecutor’s Office so that pronounce on the matter before formulating the accusation.