Legítima defensa y violencia de género. Una mirada desde la perspectiva de la mujer maltratada

Abstract

Domestic violence requires an interpretation of the self-defense requirements in accordance with its effects on women. An approach that ignores the characteristics and dynamics of this type of violence would result in women being unprotected and the abuser being favored. The permanent climate climate of violence, along with the acquired experience as a consequence of it, supposes women are being aware and have knowledge about the moments when the man will abuse her again. In those cases where she attacks or kills the abuser, the woman will do it because she perceives there is a threat. For this purpose, she will use the only available way available to her. If it is analyzed in isolation of the context where the woman's response occurs, it will lead to misapplication of the self-defense requirements and, as a result, the criminalization of the woman's conduct. In this paper, based on the United States' experience, the aim is to examine Article 20.4a of the Spanish Criminal Code in cases where the woman has killed or assaulted her intimate partner after a previous situation of battering.