A
4-month term in jail for a man, who has been accused of beating up his
live-in girlfriend, was revoked by a court judge, so reported by the
media in Spain, on the ground of sex, more precisely, the gender of the
victim.
The
incident began like so many other cases of domestic violence . A woman
denounced to the police that her boyfriend beat her up, injuring her
face. The police checked out the evidence and the man was
arrested. He admitted to have beaten up his girlfriend on the face and
was willing to accept punishment.
The
court judge sentenced him to 4 months in jail, but as the man did not
have any antecedence, and the sentence was less than 2 years, this
automatically gave him access to the conditional discharge, to observe
the ruling that he must not communicate with her by any means, and keep
a distance from her at no less than 1000 metres. So far everything
normal and near concluding.
However,
while the police started putting everything on record file, they
discovered that the woman's ID number was identical to another, a
man's. On further questioning, the woman admitted that she was born a
male, had in fact initiated the operation of a sex change, but had not
yet terminated the administrative procedures.
This
contingency was reported immediately and the judge informed the public
prosecutor's department and lawyers, that the case was to be annulled,
as domestic violence law was to protect the woman. The
public prosecution argued that official administrative documents
haven't been completed could not be considered the woman in question
not a woman, and would not agree to have the case annulled. The judge
did anyway and the case was remitted to the ordinary court as a case of
fight between 2 men.
I
know little about law and less about sex change or what should be a
fair and just sentence. To me violence is violence, a man hurts as much
as a woman when he/she is attacked by someone physically stronger, be
the perpetrator or the victim of that violence male or female.
Shouldn't the law simply protect any person being attacked by another? What has sex or gender got to do with it?
Tags:Sex,Violence,Law
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