A DOMESTIC abuser could avoid prison after changing his gender and filing for a full pardon because he is a ‘new person’ – in a case that will put Spain’s controversial ‘Trans Law’ to the test.
The convict, known only as Antonio, was jailed for 40 months by a court in Seville for sustained campaigns of abuse against two partners, named in Spanish press as Patricia and Victoria.
However in July, in a bid to avoid prison, he changed his gender identity to female and adopted the name ‘Milan’. He has now requested a full pardon from the Government of Spain, claiming to be ‘a new person’.
Victim Victoria told Spanish newspaper ABC that the turn of events is a ‘blow’, while Patricia said she feels ‘helpless’ after spending months getting the case to trial and securing a jail sentence for Antonio.
Antonio’s action is supported by Spain’s so-called ‘Ley Trans’ or Trans Law, which allows any citizen over the age of 16 to change their gender identity without the need for medical or psychological reports.
While designed to protect the rights of trans people, there are fears the legislation can be misused by a small minority for nefarious purposes.
The Spanish government is currently reviewing Milan’s clemency petition in a process that is being closely watched by legal experts and wider society.
The decision could have serious implications for the ‘Trans Law’ and force it to be modified.
Patricia and Victoria are said to have experienced trauma at the hands of Antonio, who violated multiple restraining orders before being jailed.
It comes after one of Spain’s toughest prisons was this year forced to implement ‘shower watch’ shifts due to a female prisoner falling pregnant after a trans inmate was transferred to the women’s wing.
The reports of various sexual encounters during shower time caused a scandal at Fontcalent Prison in Alicante.
It came after the female section of the prison received a prisoner of Bulgarian origin who had spent several years in the men’s section, primarily for crimes of theft and kidnapping.
The inmate would have rubbed shoulders with a number of killers, rapists and drug barons, potentially including Irish crime boss John Gilligan, who was there in 2019.
During this period, the inmate apparently underwent a gender transition process, self-identified as a woman and adopted a female name.
However, the prisoner did not undergo hormonal treatments or surgeries and retained their male genitalia.
A request was then put in to transfer the prisoner to the female population – which was granted.
Prison sources disclosed that once in the female wing, the prisoner came out as a lesbian, and quickly struck up a relationship with a fellow inmate.
A series of steamy shower romps ensued, according to prison sources, and little time later a female inmate informed prison authorities she was pregnant.
She was permitted to leave the prison and visit an abortion specialist, but in the end elected to keep the child.
It was reported that the trans prisoner has been removed from the women’s wing.
Fontcalent Prison declined to comment, stating that it is ‘a personal matter that concerns an inmate.’