Convicted of serious gender-based violence will automatically lose parental custody

MadridThe Minister of Equality, Ana Redondo, announced this Tuesday at the press conference of the Council of Ministers the approval of a draft law that the executive considers key in the fight against sexist violence: the draft law against vicarious violence. "We are keeping our word," stated the minister, who considered it a necessary step to "move towards a society free of gender violence" and to comply with the state pact.

The new regulation, which will now have to go through its processing in Congress, modifies up to ten different laws in order to achieve a "holistic solution" to the problem. Among the novelties it incorporates are the "automatic" withdrawal of parental authority from those abusers convicted by a final sentence for serious crimes of gender violence or against minors, which could only be recovered with the cancellation of criminal records. "An abuser can never be a good father," sentenced the minister. In addition, the suspension of the visitation regime is also established if there is a judicial proceeding for gender or vicarious violence underway.

"The definition of vicarious violence is that violence exercised through an intermediary person" to cause pain or suffering to women by those who have had an affective relationship with them, Redondo detailed, and highlighted that in the new legislation the scope of those who can be considered victims of this type of violence due to their link with the abused woman is expanded. Redondo spoke of the descendants, ascendants, siblings, or even the current partner of the victim of sexist violence. In addition, the minister explained, the obligation to listen to the minor in cases of ongoing custody proceedings is also incorporated.

In parallel, the regulation also foresees the possibility that a surviving mother can change the surnames of a deceased child as a consequence of vicarious violence so that they do not have to maintain the link with the aggressor. What is left out, as Europa Press explains, after various legal and technical reports, is the consideration of pets within the definition of vicarious violence, but it could be incorporated during amendments in Congress. This norm has been the subject of months of discussion between the Ministry of Equality, the Ministry of Youth of Sira Rego and the Ministry of Justice of Félix Bolaños, but a text has finally been agreed upon.

An aggravating factor in the Penal Code

Regarding the criminal strategy to punish vicarious violence, there has also been a change. Following a report from the General Council of the Judiciary, the ministry has decided to include vicarious violence as an aggravating factor in gender violence, instead of establishing a new type of crime within the Penal Code. According to the minister, having done so generally implied problems of "normative interpretation" and this way it is ensured that sentences for vicarious violence cannot be imposed against women. "With this measure, we are once again a benchmark," asserted the minister.