The Evidence in Gender Violence Crimes: Key to Conviction
Analysis of a ruling on continued abuse where the testimony of the victim and her daughters was crucial in undermining the presumption of innocence.
In the realm of criminal law, crimes of gender-based violence often present the challenge of proof, as they occur in the private sphere. A recent ruling issued by the Criminal Section of the Court of First Instance of Girona (Criminal Court No. 6 of Girona), ruling No. 284/2026, in the summary proceeding 63/04 illustrates how a solid evidentiary strategy can lead to a conviction.
The accused, D. E.C.V., was convicted as the perpetrator of a continuing offense of abuse in the context of violence against women. The basis for the conviction was the testimony of the victim, Mrs. O.G.L., which the court found credible, consistent, and persistent over time.
However, her testimony was not the only piece of evidence. It was reinforced by objective elements that proved decisive: the medical reports that verified the injuries and, crucially, the preconstituted evidence from the minor children. The account of the minors, describing the events they witnessed, was a key element in corroborating the mother's version.
It is important to highlight that the accused was acquitted of other charges of abuse, insults, and disclosure of secrets due to insufficient evidentiary activity, applying the principle of presumption of innocence.
The final conviction included a prison sentence, a restraining order of two years, a prohibition on firearm possession, and compensation for the injuries caused.
This case underscores the importance of having peripheral evidence that reinforces the victim's testimony in a criminal proceeding to ensure the protection of their rights and achieve a favorable judicial resolution.
In this procedure, the lawyer David Velasco Blaya, head of the Velasco Blaya Advocats law firm, acted as defense attorney. He is a specialist in Criminal Law in Sant Feliu de Guixols, Girona, Blanes, Figueres, La Bisbal, Olot and Ripoll, and particularly in the field of gender violence.
