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Posts tagged Spain
How Criminal Is It to Rape a Partner According to the Justice System? Analysis of Sentences in Spain (2015–2022)

By J.M. Tamarit Sumalla, P. Romero Seseña, L. Arantegui Arràez, A. Aizpitarte

Sexual violence in an intimate relationship is a less studied phenomenon than other forms of intimate partner violence, despite data pointing to a high prevalence. Studies on how the cases are sentenced are scarce. Until recently, many laws did not allow marital rape to be punished as a crime of rape, and some studies showed a tendency for the courts to punish these cases less severely. The present study is based on an analysis of 964 rape cases of adult women in Spain. All the information was extracted from sentences of the Provincial Courts issued between 2015 and 2022. Results showed that significantly lower conviction rates and less severe penalties were imposed when the rape was committed by the intimate partner compared to other rape cases where the offenders were not partners (family members, acquaintances, or unknown strangers). The practical implications of these results in several areas are discussed. 

European Journal on Criminal Policy and Research,  Volume 30, pages 567–587,

Intimate Partner Homicide Against Women Typology: Risk Factor Interaction in Spain

By Jorge Santos-Hermoso, José Luis González-Álvarez, Miguel Ángel Alcázar-Córcoles, Enrique José Carbonell-Vayá 

This investigation studied the interaction between seven risk factors included in the police risk assessment of the VioGén System and found that these factors formed groups based on the dimensions of violence and psychopathology. The 171 femicides analyzed were categorized into four groups: normalized (23.4%), violent (25.7%), pathological (18.7%), and pathological/violent (32.2%). These groups exhibited significant differences concerning their psychosocial profile and relationship dynamics. One of the main findings is the identification of the pathological type that had not been detected in previous typologies, thus highlighting the importance of the psychological factor when classifying the perpetrators of femicide. These results have important practical implications, as the classification of the aggressor could be a preliminary step taken before the risk assessment, which would make it possible to individualize predictions and improve the protection of the victims as well as the therapies and intervention programs. 

European Journal on Criminal Policy and Research (2024) 30:521–543