Gender-based violence

The Supreme Court (SC) has fully upheld the conviction of a man for the murder of his former partner and their daughter , an 11-month-old baby, in a case described as particularly serious due to its connection with a context of gender-based violence .

According to the proven facts, the convicted individual had previous convictions for breaching restraining orders and was subject to a restraining order . Nevertheless, he returned to the family home and resumed living together with his former partner and the child, despite the judicial prohibition. At one point, the Civil Guard requested him to leave the residence . It was then when, taking advantage of the woman and the child entering the house, he surprised them with an attack of extreme violence, leaving them with no real chance of defense. The account includes repeated blows, the use of a bladed weapon against the mother, and the suffocation of the child, resulting in the death of both.

The Supreme Court emphasizes that the crime against the former partner is framed within gender-based violence and that the murder of the daughter also occurs in that context, highlighting the so-called "vicarious" gender-based violence, that is, the harm to the minor to increase the mother's suffering. It also shows a framework of domination and control, combined with repeated breach of precautionary measures. The Supreme Court endorses the conviction of the High Court for two counts of murder (with aggravating factors of kinship and discrimination based on gender) and for a continued offense of breach of precautionary measure with aggravating factor of relapse, rejecting the appeal because the evidence was assessed in a rational, motivated, and sufficient manner. In situations arising from episodes related to gender-based violence, our professionals make themselves available to provide the necessary assistance and advice. increase suffering of the mother. There is also evidence of a domination and control , coupled with repeated breach of precautionary measures.

The SCJ endorses the conviction of the Superior Court of Justice for two counts of murder (with aggravating factors of kinship and gender discrimination) and for a continued offense of breach of precautionary measure with aggravating circumstances of relapse, rejecting the appeal because the evidence was assessed in a rational, motivated, and sufficient manner.