Benidorm arrest sparks debate over gender violence laws

An individual previously convicted of gender-based violence has been arrested in Benidorm for assaulting their current partner. The individual, who transitioned from male to female in the official registry after serving a prison sentence, is now being investigated by an instruction court as a case of domestic violence between two women, rather than through specialized gender violence sections.

This case highlights legal complexities arising from the Trans Law, as specialized gender violence legislation typically applies to aggressions committed by men against female partners. While a protection order has been issued for the victim, the legal classification has shifted due to the individual's registered gender.

Recent judicial rulings in Spain have addressed similar concerns regarding potential legal fraud. The Zaragoza Court of Appeal previously ordered investigations into sex registry changes to ensure victim protection is not compromised, while the Supreme Court recently ruled that gender identity changes cannot retroactively annul previous gender violence convictions.