A Feminist Law Meets an Androcentric Criminal Justice System: Gender-Based Violence in Spain

Abstract

This article discusses how practices in the Spanish criminal justice system relate to Organic Law 1/2004 on measures against gender-based violence. We examine the predominant construction of the problem and the secondary victimization1 of women. Data were collected from two sources: participant observation at police victim support units and courts dealing with violence against women,2 and in-depth interviews with abused women and legal and psychosocial professionals. Our analysis has uncovered a lack of institutional resources for detecting psychological violence and negative stereotyping of female victims. We conclude that a gender perspective should be incorporated into criminal justice system practices.

Public Attitudes towards Intimate Partner Violence against Women and Influential Factors in China and Spain

“…Spanish participants tended to hold more conservative and traditional attitudes, such as "IPVAW is a private issue rather than crime". This finding implies that in spite of the occurrence of encouraging political and social changes in countries like Spain, violent behaviors in domestic contexts would remain culturally legitimized, which results from persisting beliefs about women's role in relationships (Albertín et al, 2018;Allen & Devitt, 2012;Alves et al, 2019;García-Moreno et al, 2006;Kimuna et al, 2012;Yamawaki et al, 2012). The cultural and cognitive legacy of women's submission to male figures and gender inequality throughout history often become social values and traditions that frequently lead to the justification or tolerance of male violence (Bosch-Fiol & Ferrer-Pérez, 2012;Esqueda & Harrison, 2005;Jankowski et al, 2011;Knickmeyer et al, 2010;Korpi et al, 2013;Peter & Drobnič, 2013;Valor-Segura et al, 2011;Worden & Carlson, 2005).…”

“…Gender inequality exists not only in the cultural domain, but also in economic, legal, and political domains (Heise, 1994). For example, gender inequality may result in heterosexism in the justice system, victim blaming attitudes, and limited access to education and employment, (e.g., Albertín et al, 2018;Ivert et al, 2018;Korpi et al, 2013). Concerning factors from personal level to macro level, Heise (1998) proposed an ecological model in which personal, micro, and macro factors interact with each other, and specifically macro-level factors exert contextual effect on individuals.…”

“…Researchers also found that under the influence of honor culture, people from Mediterranean countries, Arabic countries, and Latin countries are more likely to demonstrate a traditional attitude toward gender role which leads to patriarchal society to control and discriminate women (Canto et al, 2014;Cihangir, 2013). Albertín et al (2018) further uncovered that gender inequality in the Spanish criminal system, such as masculine sexual power and heterosexism, cause negative stereotyping of female victims.…”

Stereotypes About Battered Women and Victim’s Self-Defense: Legal Implications

“…The present study aims to explore the battered woman stereotype, namely, the stereotyped personality characteristics attributed to the victims of gender violence. In this case, a double categorization or stereotype converges: on the one hand, the narrative of victimhood, and on the other hand, attributions derived from the gender label (Albertín et al, 2020; Masser et al, 2010).…”

“…Acceptance of stereotypes and myths about victims of IPVAW have important and serious consequences for women who seek help through the legal system (Fleming & Franklin, 2021; Menaker & Franklin, 2015), especially when such women do not conform to the standards of a “good victim” (Albertín et al, 2020; Lelaurain et al, 2017, 2018). The response of a legal operator who holds a stereotyped view of female victims, stemming from a lack of training and knowledge about the dynamics and effects of gender-based violence within an intimate relationship, may result in what is known as secondary victimization or re-victimization (Bodelón, 2014; Follingstad et al, 2015; García-Jiménez et al, 2020; Walker, 2017).…”