Alberto Lejarraga
A man accused of stalking his ex partner in Alicante has undergone a sex change under the new regulation known as ‘Trans Law’.
The alleged harasser is currently under investigation for breaking a restraining order and is facing a number of trials for alleged gender violence against the same woman.
He claims that he cannot be tried for gender violence as he is now a woman.
However, the Trans Law states that the crime will be judged on the basis of the legal sex that the person had when the offense took place.
According to judicial sources, the accusations were made when the defendant was a man, yet he continued with the harassment of his ex-partner, and mother of their child, when ‘she’ was legally a woman.
This unprecedented case has left the Gender Violence Prosecutor Delegate of Alicante in a difficult position.
The fiscal has had to ask the Supreme Court for information on how to proceed with the case.
Officially named ‘Law for the real and effective equality of trans people and for the guarantee of LGTBI rights’, it was controversially approved by the Spanish Parliament last February 16.
The new legislation allows people over 16 to change of sex without a medical or clinical psychological report accrediting “gender dysphoria” within a four-month period.
