Mutual assaults between partners

Supreme Court · Second Chamber (Penal) · 2018

What the Supreme Court considered and decided

The plenary court reviewed a couple’s acquittal following mutual assaults. It rejected the requirement to prove an additional intention to dominate before applying article 153.1 to the man’s assault on the woman.

What this helps explain

Reciprocity does not automatically turn both behaviors into a conflict that is alien to the types of domestic or gender-based violence.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.