8 April 2004
BARCELONA – A judge released from prison Thursday a man who was jailed for six months for domestic violence because “he only abused his ex-wife at Christmas and during holidays”.
In a case which is bound to provoke controversy, a court in Barcelona revoked the jail sentence that was imposed in September last year.
At the time, the man was jailed and ordered to pay his ex-wife EUR 9,000.
But the husband appealed, arguing that the penalty was imposed after the reform of the law to increase sentences for domestic violence.
In his appeal, he also questioned the victim’s claims that he “habitually” hit her.
The court rejected his first argument.
But it said that since the couple married, the husband had been a “insecure and intolerant”.
He also showed his wife no respect, often insulting her in front of others.
At the end of 1999, the wife claimed she had been the victim of domestic violence in spite of the fact that by then they were not living together and met only at Christmas or in the summer.
During these visits, the couple had arguments.
The judge ruled that these did not consitute domestic violence in the law because they did not happen often enough.
He ruled that the husband’s conduct were not habitual no showed an atmosphere “of domination or terror”.
Domestic violence is an important political issue in Spain.
Despite changes in the law, attacks on women – and men – rose by 30 percent last year.
In March, a woman who was protected by a legal order, was killed by her husband who ran over her until she was dead.
[Copyright EFE with Expatica]
Subject: Spanish news