Many acts of domestic violence are crimes
A crime refers to an act or omission that is punishable by law. Many domestic violence incidents are considered crimes that can be officially prosecuted.
It is important to note that legal professionals may more accurately provide the specific legal definitions and consequences of crimes and illegal threats. Visit for more information: Delegación del Gobierno contra la Violencia de Género. (Ministerio de Igualdad. Spanish Government.)
Assault: Physical violence or the threat thereof is a crime. This may include punching, kicking or other forms of physical attack. Mental abuse is also punishable by law.
Sexual crimes: Forcing a sexual act or sexual abuse is a crime, even if the perpetrator is in a close relationship with the victim.
Coercive means: Depriving another person of their freedom against their will is a crime. For example, locking a person up or holding them by force can be a coercive measure.
Damage: Deliberately destroying or damaging another's property can fulfil the characteristics of a crime.
Stealing: Taking another person's property without permission is a crime, even if the perpetrator is in a close relationship with the victim.
Domestic peace: It is an offence to disturb another person's domestic peace without proper permission, for example, by entering another person's home without permission.
Breaching domestic peace is also filming or recording another person without permission in a place protected by domestic peace. In the scope of domestic peace, permission to photograph another person is necessary. In addition to the apartments, cottages, hotel rooms, mobile homes, toilets, washing facilities and other facilities comparable to apartments are also considered to be included in the scope of home peace.
In Spain, an illegal threat refers to making threats that can result in criminal charges. The Spanish Penal Code defines illegal threats as acts that involve explicitly threatening someone with violence, serious damage, or other harmful consequences, causing fear or anxiety for the person being threatened.
The threat's nature and severity can vary, including threats made verbally, in writing, or through electronic communication.
There are also crimes where the prosecution rests with the plaintiff. Such crimes may include forced sexual acts, defamation, or minor instances of payment fraud, such as the unauthorised use of a partner's bank card without permission. In these cases, the police will only investigate if the victim reports the crime and requests punishment.
If the victim decides to withdraw their demand for punishment during the investigation, the police will stop their investigations.
In certain situations, the prosecutor has the authority to pursue charges for specific crimes, even if the victim has not requested punishment. It doesn't matter if the crime occurred at home, in another private or public space.
The police can investigate these crimes, and the prosecutor can press charges and seek punishment against the perpetrator, regardless of the victim's consent. Such crimes include assault, even in mild cases, stalking, rape, or making illegal threats with or without a weapon or any other object.
