one of the objections during the processing of the so-called trans law they put in this legislative initiative feminist collectives just happened Alicante courtshere is a A man accused of abusing his ex-wife and mother of his son claimed that he had changed his gender and that as a woman, he could not be accused of gender-based violence. A crime aimed at punishing physical and/or psychological violence by a man against a woman, whether formalized or not, and provided that an emotional relationship exists or exists between them, regardless of whether they live together. . .
The defendant, who alleges gender reassignment, has also done so in a lawsuit that has been pursued against him. violation of a restraining order from your exdespite not the only process pursued against him for gender-based violence The alleged victim is the same woman.
Law for real and effective equality of trans people and guaranteeing the rights of LGBTIsHE Approved on February 28 and entering into force two days later, it clearly states in section 3 of Article 46: «correction of gender record and, where appropriate, name change, will not change the legal regime Prior to the registration of the registry change, it was valid for the individual for the purposes of the Organic Law of 28 December 1/2004 on Comprehensive Protection Measures against Gender Violence.”
And in chapter 4 he insists again on “the person who fixed the gender registry”. goes from man to woman can be beneficiary positive action measures specially adopted in favor of women Pursuant to Article 11 of the Organizational Law No. 2/2007 of 22 March, for effective equality of women and men in cases arising from the date of entry into force of the registration change, only not in relation to the legal situations prior to the registry correction”.
Even so and even though it seems no doubt on this case source of accusation of gender violence, Gonzalo Pedreño, the prosecutor assigned to this issue in Alicante, raised Meet with your counterpart at the Attorney General’s Office make a decision on the matter before making an accusation.