If a person is robbed on the street and decides not to report it, is he no longer a victim of a robbery? “The answer is no. The same goes for a victim of sexist violencewho does not lose the status of victim by not reporting it to the Police or in court.”
This example that shows Judge Gloria Poyatosmagistrate of the Social Chamber of the Superior Court of Justice of the Canary Islands and co-founder of the Association of Women Judges of Spain (AMJE), It helps to understand what has happened in the case of Íñigo Errejónin which several women, including actress Elisa Mouliaáhave anonymously told their experience of sexist violence on a social network and have pointed out Sumar’s former parliamentary spokesperson.
These testimonies, specifically that of Mouliaá, who later revealed his identity, have served to make Errejón resign this past Thursday morning and to expose the sexist violence that he may have inflicted.
That same night, after some media outlets raised doubts about the veracity of some accusations without the support of a formal complaint, the actress finally presented a complaint to the police.
The complaint, which describes an episode of sexual assault —punished in this specific case with between one and four years in prison—, which happened in September 2021, is already in the hands of a judge.
Not all victims report
“A victim’s decision not to report does not make her less of a victim than another who does report,” he says. Gloria Poyatos in relation to the fact that a sexually assaulted woman continues to be a victim even if she decides not to criminally report her attacker. And it focuses on the reasons why in some cases these victims decide not to formally report: the risk of revictimization [cuando la víctima vuelve a revivir el trauma a través de interrogatorios inquisitivos] and social tolerance of certain male sexual behaviors that affect these women not being believed.
“The risk of revictimization acts as a repellent and victims do not dare to report”
The judge considers that the Spanish penal system “is not designed for the victim, it does not represent all victims.” The judicial process – and, in parallel, the media, in many cases -, with the exposure of the victim to interrogations and the loss of privacy, in addition to the long judicial periods, is not the ideal means for a woman victim of sexist violence. “This risk of institutional and social revictimization acts as a repellent and victims do not dare to report to the Police or a court,” explains the judge.
Who is a victim, according to the law?
Spanish legislation indicates that to be recognized as a victim of sexist violence it is not imperative to file a complaint in court. The resolution of the Secretary of State for Equality and Against Gender Violence of November 11, 2021 regulated the conditions for the recognition for the purposes of Public Administrations of the status of victim of sexist violence; the situation of not having submitted a criminal complaint figure among them.
“Being a victim does not depend on a complaint, but on there being a factual basis that the events have occurred”
In order to obtain economic and social resources, such as legal advice, this public recognition is essential for victims who have decided not to go to court, states the lawyer Laia Serra, criminal lawyer specialized in sexist violence and human rights.
“Beyond public services, being a victim does not depend on a complaint, but on there being a factual basis that the events have occurred,” clarifies Serra, who warns that “the status of legal victim cannot be mixed with the condition of social victim or the condition of victim in the face of the administrative circuit. “It is important to distinguish these levels.”
The power of testimonies
For the lawyer Isaac Guijarroco-founder of Olympe Abogadosa feminist law firm, “on a social level, an anonymous complaint on a social network has as much power as a criminal complaint and can trigger the resignation of a politician, as has happened in this case.”
“These are complaints that are made through alternative channels because the victims are afraid”
In the case of Íñigo Errejónthere are around a dozen testimonies of women collected by the journalist Cristina Fallaráscollaborator of Publicin your account instagramwhich refer to sexist violence by the former deputy of Add. “These are complaints that are made through alternative channels because the victims are afraid and do not trust official or institutional channels,” he says. Isaac Guijarro.
More than a year ago, in June 2023, an anonymous user reported on X (formerly Twitter) that she had suffered an episode of harassment by the politician during the celebration of a festival, on that occasion citing him directly. In the thread, which was later deleted, The woman reported non-consensual touching.
“Last Saturday, June 17, I experienced a very uncomfortable situation with Íñigo Errejón (…) that could be classified as sexist aggression. I don’t know if this will go anywhere, but I feel the duty to tell it. I would also greatly appreciate diffusion”, he pointed out then.
The journalist Cristina You Will Fail explains to this newspaper that all the testimonies collected point to sexual behaviors that denote a position of abuse of power and psychological abuse.
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