A Spanish judge has been accused of offensive questioning
after she asked a rape survivor if she had tried closing her legs when she was
being sexually assaulted.
The comments were made as the alleged victim appeared in
court in Vitoria, northern Spain, to make an initial rape allegation to the
magistrate. The unnamed woman had told the court how a man had repeatedly
violently abused her sexually and physically
Judge Maria del Carmen Molina Mansilla, in the Basque Country
responded to the claim by asking the woman: "Did you close your legs and
your other female organs?"
After a shocked silence, the woman, who is four months
pregnant, responded with a simple "yes"
The offensive comment has sparked protests in a country
where a shocking one in five women have been victims of assault.
The Clara Camoamor Association, a campaign group for victims of gender crime,
asked the General Council of the Judiciary, which reviews the independence of
judges in Spain, to suspend Judge Mansilla for her insensitive questioning.
A spokesperson for the campaign association, Blanca Estrella Ruiz said the
remarks showed a clear prejudice towards disbelieving the rape victim and even
blame her for the ordeal.
"The judge showed obvious disbelief of the testimony of
the victim, questioned her without allowing her to answer and asked leading and
offensive question. A clear example of this attitude is the judge's repeated
questions to the victim on whether she made any attempt to resist aggression
including asking her 'did she close her legs firmly?' and 'did she close all of
her other female organs?' Such questions are not only unnecessary to the
investigation but are completely offensive and violate the dignity of the
victim."
Ms Ruiz explained that the incident was not the first time
that the judge had appeared to make light of a victim's allegations.
"Unfortunately this is not an isolated act but such behavior
by this judge. It is habitual and continuous. Other women have lodged complaints
about the re-victimization they experienced in this court. Women are scared as
to what might happen to them as a victim in this court and it is
disincentivizing them to report such crimes." Mz Ruiz added.
The campaign group's psychologist added: "Here we are
talking about institutional ill treatment. That is to say she was abused in her
home and went on to search for help and has now also been abused by the
judicial institution."
Spain's judicial authorities have since confirmed they are
investigating the complaint. Officials at the Juzgado de Violencia sobre la
Mujer Vittoria (Court of Violence against Women ) said the judge will not be
commenting on the matter as the investigation continues.
Source: Daily Beast
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