The Supreme Court has ruled that a registered sex change has no retroactive effects and does not allow for the annulment of a prior conviction for gender violence. The Criminal Chamber thus closes the door to using this modification to erase responsibility for acts committed when the aggressor was legally a man.

The ruling, dated July 22 and known this Tuesday, also deactivates one of the most repeated arguments by the far-right during the processing of the trans law. Its detractors claimed that the free determination of gender would allow abusers to declare themselves women to escape specific legislation against sexist violence. The norm itself already expressly prevented this possibility and the Supreme Court now converts it into jurisprudence.

The case of this new ruling began on April 20, 2022, in Castellón. The convicted person went to the vicinity of his ex-partner's home to comply with the visitation regime with their eight-year-old daughter. In the middle of an argument, he forcefully grabbed the girl's arm and, when her mother intervened to protect her, he punched her in the waist, and delivered several blows and scratches to her neck.

A Criminal Court in Castellón imposed nine months in prison for gender violence against his ex-partner and another nine for domestic violence against his daughter. The Provincial Court subsequently confirmed both sentences. The convicted person changed his sex in the Civil Registry on June 1, 2023, more than a year after the aggression. The process had begun on April 24 of that same year. In his appeal, he argued that he was a woman and, therefore, the crime of gender violence, reserved for aggressions committed by a man against a woman with whom he maintains or has maintained an affective relationship, could not be applied to him.

The Supreme Court's response has been emphatic. The subsequent registered change cannot affect acts committed, judged, and sentenced when the appellant was a man for all legal purposes. The Chamber has also ruled out that his presumption of innocence was violated and has confirmed the fine imposed on another woman who participated in the aggression by pulling the victim's hair.

The trans law had already closed that door

The Law 4/2023 for the real and effective equality of trans people, promoted by the Ministry of Equality during Irene Montero's tenure, recognized the right to modify registered sex without subjecting trans people to medical or psychological diagnoses. At the same time, it incorporated guarantees to prevent this right from being used to evade responsibilities.

Its article 46.3 establishes that the registered rectification does not alter the previously applicable legal regime in matters of gender violence. The law thus protected the rights of trans people while keeping intact the responsibility of those who had previously committed a sexist aggression.

The Supreme Court also addresses cases in which the registered change occurs before the crime. Its use to neutralize a conviction may also be rejected when the courts prove that it was carried out with the intention of defrauding the law. This conclusion must be supported by full evidence and analyzed according to the specific circumstances, since a change of registered sex does not in itself imply the existence of fraud.

The 016 offers information, legal advice, and psychosocial support to victims of violence against women and their environment. It is free, confidential, and operates 24 hours a day. It also provides service via WhatsApp at 600 000 016 and by email at 016-online@igualdad.gob.es. In an emergency, you can call 112, 091, or 062.