Andrew Belles - 25 October 2010 09:32 PM
If I might ask, why is it unfair/unjust law?
Andrew,
It is an unfair, unjust law because it is used to prosecute people under the guise of protecting women from domestic violence. This may sound fine on first reading until you realize that the law ONLY allows women to use it - not men. It also works on the principle that the aggressor(as we have already established is ALWAYS a man) is guilty until proven innocent so as to provide protection to the victim. All very noble(although in direct contravention of European law and even Spain’s own constitutional laws) until some bitter women run into the police station and falsely cry abuse for a multitude of reasons from obtaining custody of children, to upping their divorce settlements by way of bribery, to plain old jealousy. In all cases the man is instantly arrested and put in prison before facing summary trial in the specially set up courts for violence against women in Spain. The majority of cases end in a tragic outcome for the man often with him losing everything as well as having to fight the stigma of being accused of battery or worse.
A quick read of the Spanish newspapers every week or an idle search on the internet will provide you with many examples and the magnitude of the situation. Aside from the devastating effect it has on countless men every year, the domestic violence statistics in Spain have actually increased since its introduction!
I know what I am talking about here as I am the partner of the person who originally posted this topic. I have endured arrest, imprisonment, a restraining order and being ejected from my home and consequently losing everything I own, the loss of my career and am facing a criminal trial in January where I face two years in prison. All from a factless declaration to the Guardia Civil by a jealous estranged wife. To this date NOBODY in a courtroom has asked me my side of events.
THAT is why this is an unjust, unfair law!