The criminal protection of the minor againgst his offender in cases of vicarious violence and feminicide: The reforms of Organic Law 1/2004 and of art. 140 bis Penal Code

Abstract

Being a mother increases the risk of suffering gender-based violence because the aggressor uses the minors to dominate and control the woman. Therefore, those minors who live in a context of violence are also direct victims of gender violence. This paper analyzes the last two legislative reforms aimed at the protection of those minors: the incorporation of the concept of “vicarious violence” in art. 1 of Organic Law 1/2004 of December 28 on Comprehensive Protection Measures against Gender Violence and the reform of art. 140 bis of the Penal Code to force Judges and Courts to impose the penalty of deprivation of parental authority in cases of vicarious violence and femicide.