Sexist violence and mixed kinship circumstance

Abstract

In the crimes of violence against women with which the perpetrator maintains an affective relationship, the Spanish Supreme Court has recognized the possibility of cumulative application of the aggravating circumstances of kinship and gender discrimination, arguing it with their different foundations. However, the specific regulation of sexist violence with respect to some crimes (injuries, threats and coercion) produces frictions and imbalances with both generic aggravations. To overcome them, a global reconsideration of the factors of kinship, gender and domestic coexistence in the crimes against very personal legal goods is proposed, in order to establish coherence and legal certainty, suppressing the specific regulations, defining the scope of application of the aggravation of discrimination based on sex and adjusting the aggravation of kinship to the requirements of the Istanbul Convention.