The direct slap to a TikTok user, which went viral, is already punished. A Soria Criminal Court has sentenced the man who slapped his wife to one year in prison, when the woman was speaking live on that channel with three young people.
The conviction -without a complaint from the victim- is for a crime of ill-treatment in the field of violence against women.
The sentence also imposes a 3-year ban on the author of that slap from coming closer than 300 meters from where the victim is (a measure that will be seen if it is complied with, since the couple continues to share a house) and from communicating with her by any means.
The judge estimates, once the evidence as a whole has been assessed, that "the defendant, in a public and notorious manner, in front of thousands of people, assaulted his wife, with the intention of undermining her physical integrity and humiliating her in public, without her for the record that it caused him injuries, although there was obvious and real mistreatment.”
The ruling states that in this case "all the requirements set forth in art. 153.1 of the Penal Code and the conviction of the defendant as the author of a crime of mistreatment of work in the field of violence against women proceeds.
The judge recalls that "in crimes of gender violence, the victim's complaint is not necessary, and punishment must be given once its commission is known."
The ruling states, on this aspect, that "the simple fact of the live broadcast of the slap is enough for the public powers to deploy the scope of protection of the victim, regardless of whether she recognizes herself as such."
And the most important thing in this case -after the young woman refused to denounce this aggression- is that "the fact that the victim consents to and justifies this slap does not mean that this aggression cannot be punished", the magistrate ruled.
And the judge adds: "In crimes of violence against women, as in all crimes of serious injuries, the consent of the person attacked is irrelevant and the punishment proceeds in all cases."
In the graduation of the sentence, the magistrate has taken into consideration that the man “beat the victim in public, in front of thousands of people, with the purpose, in addition to causing her physical abuse, to humiliate her and belittle her before her friends and acquaintances.
And the sentence adds: "He imposed his domination on his wife on social networks, without the fact that he was live making him stop his aggression.
Regarding the reason for that slap, the judge interprets that the man "felt offended by what they had said to his wife and reacted by assaulting her in public."
For the judge, "this conduct deserves the greatest criminal reproach that the law allows and that the defendant be sentenced to its maximum degree, since that man is not capable of respecting his wife, even in public.
And he considers the facts to be especially serious, since “apparently, this conduct has already been repeated on previous occasions. The victim herself recognized this when she revealed in that trial that "prior to these events, she had received two beatings."
