Outrage As Man Avoids Prison For Domestic Abuse By “Changing” Sex

A man sentenced to 15 months in prison for assaulting his partner has avoided going to jail after changing his sex so that he could not be held accountable for gender-based violence.

Accused Antonio Luis B.R. managed to walk out free after the Court of Violence against Women in Seville, Spain, withdrew from his case after he legally became a woman himself.

According to the victim’s lawyer, Jose Antonio Sires, his client broke off her relationship with her ex-partner five years ago due to the psychological and physical abuse he subjected her to for a decade.

She had taken out a restraining order against Luis but the man simply ignored it and continued harassing her.

In 2019, the case was brought before the court and Luis was sentenced to 15 months in prison for violating the restraining order and making threats against the woman.

The case then dragged on for several years as Luis’ defence repeatedly appealed the sentence.

The numerous appeals were denied, and the court ordered Luis’ immediate admission to prison on 11th September 2023.

But Luis managed to outsmart the legal system by legally changing his sex to female a month earlier (August).

His defence once again appealed the case, this time saying he could not be tried for gender-based crimes because he was now a “new person”.

The defence also argued that the courts can no longer try Luis as a man as that would be a violation of the current laws that guarantee LGTBI rights.

Instead, they demanded the case be dropped completely.

Now, the Court of Violence against Women has decided to withdraw from the case.

During the latest hearing on 13th August, the court argued that “now that the accused is a woman'”, there was “a lack of objective jurisdiction”.

The victim’s lawyer Sires called this “an undoubted fraud of the law” during a 21st August press conference.

According to Sires, the accused changed his sex with one obvious purpose: “to avoid specific penalties for men who commit violence against their wife or ex-wife.”

He believes this is “taking advantage of something to which, in reality, he has no right.”

Sires added: “The perpetrator’s use of this law seeks to exploit the law in a deceitful way.”

Sires has now asked that the aggressor be tried by a criminal court and not by a specific one for gender violence.

The attacker’s defence has also submitted a request for pardon, pending a decision by the Seville Court, and until then, the victim “continues to suffer a continuous ordeal due to new threats and attacks,” said Sires.

After the sex change, he added, “the attacks and threats, far from ceasing, have continued, raising fears for the victim’s physical integrity.”

Last July, he attacked her again and threatened her with phrases such as “you only have a few days left to live” and, after police arrived at the scene, the attacker addressed the officers with phrases such as “I am a woman and I have had a sex change.”

Sires maintains that “men cannot evade convictions for gender-based violence.”

Even if they register as women, “the legal responsibilities they had before the change remain,” he added.

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