I wrote a post about what happened to me. Anonymous and not yet very detailed because I am still worried about the man seeking revenge. But it’s no longer about him. It’s about how he, the man who couldn’t accept I didn’t want any contact with him anymore after years of emotional abuse, got acquitted after admitting he was in my house, my bedroom, without permission (as had happened many times before). It’s classicism, sexism and it makes the Spanish constitution a joke. My bedroom apparently is a public space.
Here’s a copy of my post. I would really appreciate if you would consider writing about this. In a country with such high numbers of ex partner violence and femicide, this can’t be happening.
Thanks!
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“The Spanish Constitution recognises the inviolability of the home: ‘The home is inviolable. No entry or search may be made into it without the consent of the owner or a judicial decision, except in the case of flagrante delicto.”
According to the jurisprudence of the Supreme Court, it is not necessary that the will of the inhabitant of a dwelling or premises be explicitly and directly communicated (to the person seeking entry) in the case of breaking and entering. On the contrary, it is sufficient that this lack of consent can be logically deduced from the circumstances of the case. This means that the fact of finding the door of a dwelling or premises open cannot be interpreted as an invitation to enter the premises.
In other words, if a person leaves the door of his or her house open out of carelessness or for the purpose of ventilation, this is not to be understood as a tacit consent to allow a third party or a stranger to enter the house. Therefore, even if the door of a dwelling or premises is open, the offence of breaking and entering would be committed if the conditions of the punishable act are met.”
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The above are just two random quotes I found on the internet after typing in the search term ‘housebreaking under Spanish law’.
Unfortunately, this law has not been applied to me. With me, you can walk into my bedroom while I am sleeping, shout at me, humiliate me and force me to comply with your demands and needs. You can even admit in court that you were there without permission, that you were clearly told in previous and similar incidents that you have no permission to enter my premises or enter my house uninvited. You can even admit that you manipulated evidence because you felt threatened because your behaviour and the constant repetition of my words ‘I want you to leave’ were being recorded. You can even say that I eventually had to physically push you out the door because otherwise you would not leave. You will be acquitted for lack of evidence.
There were four court rulings after I reported someone for home invasion and coercion. The first two immediately recognised what was going on here and gave me a restraining order for protection and to prevent worse. But the last two completely ignored what is really going on here and acquitted him. Indeed, they, like me in my relationship with this man, fell into the trap of cognitive dissonance. Cognitive dissonance is the mental discomfort that results from holding two conflicting beliefs, values, or attitudes.
The fact that he contradicted himself in almost every sentence of his statements caused so much confusion that it probably was almost impossible to see the essence of the case anymore.
And so it now appears it is possible to walk into my house with impunity, to do whatever you want as long as you destroy the evidence and then create enough confusion to stay out of harm’s way.
Spain is working hard to catch up when it comes to gender equality and issues like domestic violence, gender-related violence and violencia machista but it seems like an impossible battle.
Not so strange when you realise that terms like emotional abuse, coercive control, gaslighting and stalking mean nothing here, despite Spain signing the ‘Istanbul convention in 2014. Article 33 (psychological abuse) and 34 (stalking) have apparently not yet penetrated the consciousness of the judiciary.
The convention contains 81 articles separated into 12 chapters. Its structure follows the structure of the Council of Europe’s most recent conventions.The structure of the instrument is based on the ‘four Ps’: Prevention, Protection and support of victims, Prosecution of offenders and Integrated Policies. Each area foresees a series of specific measures.The convention also establishes obligations in relation to the collection of data and supporting research in the field of violence against women (Art. 11). -wikipedia
Protection? Prevention? No. I have no idea how to make myself feel safe. I am not even protected in my own home.
Mi casa, su casa. With or without my consent.
#micasasucasa #violenciadegenero #violenciadomestica #ViolenciaMachista #coercivecontrol #DerechosHumanos #derechosmujeres #allanamientodemorada #andalucia #igualdadmujeres #igualdadenespaña #IstanbulConvention #domesticviolence #equality #breakingandentering #stalking #spainequality #spainforwomen
