Spain’s Supreme Court closes loophole over sex changes in gender violence cases

Spain’s Supreme Court has ruled that altering a person’s legally registered sex cannot retroactively overturn a conviction for gender-based violence if the act was committed while the offender was legally male. This precedent-setting decision stems from a 2022 case in Castellón, Valencia, where a man was convicted of assaulting his ex-partner and was subsequently convicted of domestic violence against their daughter.

The convicted man argued that his change to female status meant his gender-based violence conviction should not stand. However, the Supreme Court rejected this argument, stating that a change of sex does not have retroactive effects that would overturn previous convictions when the acts were committed while the appellant was legally male.

Additionally, the court emphasized that a change of registered sex before an alleged offence may not prevent a gender-based violence conviction if it is proven to have been made with the intention of circumventing the law. The ruling clarifies that while a change of sex cannot automatically be considered fraudulent, any determination of such intent must be made individually based on the specific case's evidence and circumstances.