Women who have been victims of domestic violence but who have not completed two years of cohabitation with their ex-partner, if they have the right to demand compensation for the mistreatment of which they were victims.
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This was warned by the Civil Chamber of the Supreme Court of Justice when studying the case of a woman who lived intermittently with her ex-partner and during that time was vvictim of abuse and the control he exercised over her.
The Court called on the judges not to ignore gender violence in romantic relationships.
“Justice cannot remain undaunted by the evidence of acts of physical, sexual, emotional or economic violence between permanent companions, nor can it ignore the right of the victims to access effective satisfaction for the damages they suffered,” the Court underlined. .
That call was given because the woman’s case went through several judges who denied her right to demand financial compensation for the moral and physical damages she suffered during her romantic relationship due to the fact that she did not comply with the coexistence requirements to declare a de facto marital union.
“Taking into account that our legislation does not enshrine any procedural means for victims of intrafamily or gender violence to request this compensation within the trials of the existence of a de facto marital union, the Court proposed to overcome this protection deficit by enabling an incident of reparation,” the Court stated in its decision.
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Likewise, the Court added that “in cases in which evidence of gender-based violence against the permanent partner was collected, justice cannot be limited to ruling on the existence and duration of the marital union, since the victim has the right to, in within the framework of the same procedure, the damages suffered are determined, and fair compensation is assessed to compensate them”.
