Cristina arrived from her native Paraguay to Spain in 2010 in search of a better life. He settled in the province of Seville and soon met Cándido, with whom he had two children. His relationship, almost from the beginning, was marked by vexations and ill -treatment, until Cristina decided to report him. It has not been the only one. DThe previous couples of Cándido also sued him for the same.
However, the case of this Paraguayan woman has marked a turning point, since she has put on the table the helplessness faced by victims of gender violence by the call Trans Law of Minister Irene Montero. The norm, approved by the Government of Pedro Sánchez in February 2023, was designed to protect the rights of transsexual persons by allowing them to change their name and registration sex without the need for medical and psychological reports. The problem is that it is being utilized by abusers to border the Law of Gender Violence.
In this case, Cándido changed its gender in the registry to have to answer before an ordinary judge For domestic violence, since the penalties are lower. «This case will not be the last until Do not change the trans law or errors are outlined »denounces Cristina’s lawyer, José Antonio Sires. His defended, he points out, “now breathes relieved and her children too” since Cándido, after a long judicial journey, is in prison. “But everything that has happened, not only the judicial process, but the 10 years of insults, vexations, mistreatment, threats with hidden calls, have diminished a lot psychologically.”
The long way to put his abuser in jail begins in 2019. That year, Cándido is sentenced to 15 months in prison for a Continued crime of raising remotetening of the victim And serious threats, and asks to restore the penalty for social works “attending the audience of Seville to gain time,” explains the lawyer.
The hearing stipulates that the sentence is correct, that it must enter prison, but in that Cándido Time interval it uses a legal trick to avoid penalty. He requests gender change in the registry and in August 2023 the Carmona Court granted it. From that moment, it becomes Candy.
“That’s when he requests that they annul the conviction of ill -treatment because now she is a woman, but the judge refuses and replies that the facts were prosecuted before her gender change, so the law of gender violence should be applied,” says José Antonio Siras. Aware that the resources ended, “Request the Indult Ministry in 2024,” But they also grant it: «both the judge and the prosecution were opposed since they agreed that it was a Dilatory mood of the convicted to not comply with his sentence ».
Candy, in a dead end, «It escapes, supposedly to Morocco, and does not go to the different requisitionsof up to five different courts, claiming lack of means to return ». “Everyone knew that she was not in Morocco, the first, the victim,” says the lawyer, who denounces that during all this time his defended, Cristina, has been “receiving calls from hidden numbers in which he only listened to a breath.”
The fence on Candy narrowed until a patrol of agents of the Local Police of Espartinas recognizes him in a bar and stops him. “He replies that he is not Cándido, who is his brother, but the agents, after checking his identity, took him to the Civil Guard barracks.” The court of Sanlúcar la Mayor decided its Immediate entry into prison, in Seville I, and «At his request he enters the women’s module». According to the lawyer, “penitentiary institutions begs that, voluntarily, go to men to avoid conflicts” and he finally accepts.
With Cándido between bars, now Cristina “breathes relieved”, although “he can’t help being afraid Every time you cross a corner »in case you meet your abuser.
Although this is a victory for her, she knows that the Judicial journey against the father of his two children It is not over. Candy grabs his gender change to request the nullity of another cause for insults, vexations and breakdown of the removal of Cristina and for which he faces four years in jail. The lawyer José Antonio Sires has requested the amparo of the Constitutional Court so that these facts, of 2022, are also tried by a court of violence over women, since the hearing of Seville opposes.
SIRES’s goal is that The TC is pronounced on a possible law fraud. “It is necessary that this high court clarify whether the right to effective judicial protection is affected by these situations of tortic use of trans law.”
“We want Amparo’s appeal to be admitted first, and then, the victim is right, it would be an achievement for her and open the way to the rest of the victims who have suffered the same situation,” says Siras. If so, «A unique doctrine in Spain would be created, PNever have a court declared whether people like Cándido are using trans law to border on the gender violence law and incurred law fraud.