How to report a case of gender-based violence

Unfortunately, reports of gender-based violence are the order of the day. However, in many cases, there are doubts about how to report it. Especially if we are witnesses to the facts, but the woman concerned does not want to go to the police. This is the reason why we wanted to shed some light on the matter.

What is gender-based violence?

First of all, we must define exactly what gender-based violence is, as it often gives rise to doubts.

Specifically, gender-based violence is violence perpetrated by a man against a woman when there is or has been a romantic relationship between the two. It does not matter whether they live together in the same home or in each other's homes.

Moreover, this concept encompasses many types of violence. Physical violence is the most striking, but it also includes psychological and sexual violence. The Organic Law on Comprehensive Protection Measures against Gender Violence is the legal text whose function is to protect the victims and to prevent and punish these acts.

Who can file a complaint of abuse?

Many people believe that only the victim of domestic violence can file a complaint. However, they are wrong. Anyone can report the abuse to the authorities so that they can take action as soon as possible. It does not matter if it is a family member, a friend or a neighbour in the building.

Moreover, such reports of gender-based violence can be made anonymously. This is particularly common in cases where there is a fear of reprisals from the aggressor, or simply when the complainant does not want to be directly involved in the legal proceedings that will follow.

Whenever possible, however, it is not advisable to file this type of complaint anonymously. The reason? It is usually because that person is a witness to the facts. And if the victim refuses to testify against her partner, it will be difficult to prove that there was violence or that it was caused by the man in question.

How to file a complaint of gender-based violence?

The Organic Law on Comprehensive Protection Measures against Gender Violence provides for several alternatives. Some of them are totally exclusive for this type of crime and do not serve to report other crimes. Let's take a look at them:

• Gender violence telephone number. We are talking, of course, about 016. This is a telephone number that operates 24 hours a day, 365 days a year. It is free, confidential (it does not appear in the call register of the bill) and is available in 51 different languages.
• Emergency telephone number. Similarly, the whistleblower can call 112 to file a report. Once the call has been made, the caller will be redirected to the corresponding department. Like 016, it offers a legal and judicial advice service.
• National Police or Guardia Civil telephone numbers. Respectively, they are 092 and 062.

Obviously, the complainant can also go to the National Police station or Guardia Civil barracks to file a complaint of abuse. In any of these centres, he/she will be attended to in a convenient manner. They also have the possibility of simply reporting the facts to any officer on duty.

What happens after the facts have been reported?

Once the authorities have been informed of the incident, the action protocol established by the Organic Law on Comprehensive Protection Measures against Gender Violence will come into action with the aim of arresting the aggressor. After this, it is very important for the victim to go to a health centre and request an injury report.

But why? The main reason is that, when it comes to formalising the complaint, the victim must provide all possible evidence. In this regard, it is also advisable not to shower and to keep your clothes unwashed so that the officers can obtain evidence. In addition, she should gather as many witness statements as possible.

What to do if a battered woman does not want to report?

The reality is that the victim does not always want to report her aggressor. This may be due to fear of possible reprisals from her partner against herself or her children, or simply because she trusts that "he will change".

As we said before, anyone can report a case of gender-based violence. In fact, it is advisable to do so, even if the victim refuses to do so. She may be reluctant at the time, but once she talks to the authorities and social service counsellors, she may change her mind.

If this does not happen, it will be very difficult for the judicial process to continue, as in most cases the only evidence of real value is the victim's statement. The victim can claim before the judge that the injuries he or she has suffered have been caused by an accident, for example. This is where the classic excuse "I hit my head on the door" comes to mind to justify a black eye.

In short, this is everything you need to know about how to report a case of gender violence. If you have any doubts, don't hesitate to contact us. We can help you.