From the start of their coexistence in 2009 to the event that led to his imprisonment in 2019, RFC, a man from Vigo, faced a troubling pattern described by authorities as constant humiliation and coercive behavior. He allegedly exerted tight control over his wife, hindering her social life, family connections, and even telephone interactions. The situation unfolded within their family home. Their daughter, born in 2010, stood as a witness to prolonged humiliation and distress. The man was later sentenced to 25 years in prison for handcuffing and raping a woman in a workshop adjacent to the residence.
take back the homeland
In response to the prolonged abuse, the court sought to prevent further harm and protect the child. The Sixth Division of Pontevedra County Court in Vigo indefinitely revoked the abuser’s parental authority over the minor, a decision that the Supreme Court later reviewed. The case highlights ongoing concerns about violence against women in the region and the legal steps taken to safeguard minors. Although the man had already been convicted, the court confirmed that parental authority was restored to both parents in 2021, reflecting a legal effort to balance accountability with family preservation where appropriate.
Incompatible with the welfare of minors
The Vigo Law Office described the father’s conduct as extremely serious, repeatedly occurring over time and fundamentally incompatible with the child’s welfare. Magistrates emphasized that measures affecting minors must always be tailored to their best interests. They noted that the juvenile was not identified as a direct or indirect victim of any crimes committed by the father, yet the broader context of the family violence could still affect the child’s well-being. The court thus signaled that protective actions should be carefully calibrated, ensuring safety while acknowledging the child’s evolving situation.
Children who are victims of gender violence
Drawing on the principles of the Istanbul Convention and the European Union Directive on violence against women, magistrates proposed a broader understanding of victimhood. They argued that minors living in households where gender-based violence occurs are themselves potential victims of that violence. This perspective recognizes the pervasive impact of domestic abuse on children and underscores the need for comprehensive protective measures that address the environment in which the child resides.
Coup
The court’s decisions were grounded in evidence showing that the consequences of gender-based violence on minors extend to their health and development. It was acknowledged that psychologists and educators have documented patterns in young victims that can mirror those seen in direct abuse. The legal reasoning stressed that long-term effects on a child can manifest even when the child is not the primary target of the violence, highlighting the importance of safeguarding strategies that consider indirect harm within the family setting.
Alimony
In her appeal against the violence against women ruling, the mother requested the return of alimony payments intended for the minor. The magistrate had suspended this obligation during the period the father was incarcerated with no income, but a subsequent ruling overturned that suspension. The decision reflects the ongoing discussion around financial support for minors in cases where a parent is unavailable due to imprisonment while ensuring that the child’s economic needs are met.
prison work
The court noted that despite the father’s imprisonment, the father continued to pay a pension of 150 euros per month. There was debate about whether the inmate could engage in paid work within the prison and whether the suspension of the child support obligation should be further adjusted given the extraordinary circumstances. The judges concluded that the existing framework did not fully accommodate the unique situation, indicating the need for careful consideration of both the prisoner’s capacity to contribute financially and the minor’s ongoing needs.