The difference between domestic violence and gender-based violence

Many people find it difficult to understand the difference between gender-based violence and domestic violence. In fact, it is not uncommon for the two terms to be used synonymously. Even in the media. So here we want to focus on explaining why they do not refer to the same types of crimes.

What is gender-based violence?

The definition of gender-based violence is very clear. It refers solely and exclusively to violence perpetrated by a man against a woman simply because she is a woman. Therefore, it is understood that there is a discriminatory component to the aggression, as well as inequality and subordination. In other words, through it, the male subject exercises a relationship of power over the female subject.

Obviously, not all aggression carried out by a man against a woman can be defined as gender-based violence. In fact, if the discriminatory components mentioned above are not present, they will be understood as other types of aggression.

A common element that serves to differentiate between gender-based violence and domestic violence is the current or past relationship between the aggressor and the assaulted woman. If both are or have been spouses, as well as if they have maintained an analogous sentimental relationship regardless of whether they have lived together or not, we will always be dealing with a crime of gender violence.
 

What is clear under current legislation is that only a man can carry out gender-based violence against a woman. By this we mean that it is not possible between homosexuals, intra-gender or, of course, by women against men.

What crimes are included in gender-based violence?

Organic Law 1/2004, of 28 December, on Comprehensive Protection Measures against Gender Violence is the text that protects all abused women. This is supported by the Penal Code, which is responsible for collecting the different crimes attributable as gender-based violence. These are:

• Injury offence. They can be minor if they do not require medical or surgical treatment (between 6 and 12 months' imprisonment) or serious if they do (between 6 months' and 3 years' imprisonment, which can be extended to 5 years if the aggravated type is applicable).
• Offence of ill-treatment. It is applied whenever, as a consequence of the aggression, the victim is psychologically damaged. The penalties range from 6 months to one year in prison, between 31 and 80 days of community service and up to 5 years of disqualification from exercising parental authority, guardianship, custody, foster care or curatorship.
• Threats: never confuse an insult, which can be considered a crime against honour, with a threat. For this to occur, the aggressor must evoke a bad future in order to provoke fear and uneasiness in the victim. For example, with the phrase "if you divorce me I am going to kill the children". The aggressor uses intimidation to get the victim to do something he or she does not really want. It does not matter whether that action is within the law or not. It is therefore a crime against personal freedom. It can result in up to 3 years imprisonment for the perpetrator.

But there are other more serious crimes that can also be included within the perspective of gender violence. We are talking about actions against the freedom and sexual indemnity of the victim (forcing her into prostitution, for example) or forcing her to have an abortion against her will. Also all those acts that result in the death of the woman.

What is domestic violence?

Now we come to the definition of domestic violence. Specifically, this term refers to violence that takes place within the family. Therefore, it can be carried out by any member of the family regardless of whether it is a man or a woman, parent or child. The only requirement is that it is an action or omission that undermines the psychological, physical, economic or sexual integrity of another member of the family unit.

For example, if we are dealing with a daughter who has assaulted any of her parents, grandparents or younger or older siblings, we would be dealing with a case of domestic abuse. The same is true if it occurs from one member of a homosexual or intragender couple to another.

What crimes are included in domestic violence?

Another difference between domestic violence and gender-based violence is that the violence we are dealing with here does not have its own organic law that regulates it. That is to say, the crimes associated with it are only contemplated in the Penal Code. They are the following:

• Offence of mistreatment of work and minor injuries. It can occur as a result of physical or psychological aggression as long as it does not require treatment. The requirement is that the aggressor and the victim belong to the same family nucleus (siblings, parents, grandparents, grandchildren, etc.). It can lead to up to 1 year imprisonment and between 5 and 10 years of separation from the victim, which usually results in the perpetrator leaving the home.
• Offences of threats, insults, coercion or minor harassment. Generally, none of these offences carries a prison sentence, but they do carry a prison sentence, but they do carry a ban from the victim's home. And, if they are carried out while carrying a weapon, withdrawal of the licence for up to 3 years.
• Harassment and harassment offences. Also known as 'stalking'. These are behaviours that undermine the victim's sense of security and freedom. Here we could include actions such as, for example, surveillance or persecution of the victim, attempts to establish contact through third parties or attacks on the victim's property. They carry prison sentences of up to 2 years.
• Crime of habitual violence. This occurs when psychological or physical violence is committed on a regular basis by one member of the family unit against another. It carries a prison sentence of up to 3 years.
• Crimes of assault and sexual abuse. The most serious of all. Sexual assault can carry a prison sentence of up to 15 years if it is committed in a relationship of superiority or kinship. In the case of abuse, if there has been carnal access, it can be up to 10 years.

Special mention should be made of the crime of 'sexting', i.e. the non-consensual dissemination of images or video recordings containing sexual activities of the victim. In fact, if the disclosure of the content undermines the victim's personal privacy, even such consent will not absolve the offender. The Penal Code provides for prison sentences of up to 1 year for this offence.

In short, the difference between gender violence and domestic violence lies mainly in who the aggressor is, in the relationship with the victim and in the manifestation of superiority. In the first case, it can only be perpetrated by a man against a woman. In the second case, it can occur between any of the members of a family unit.