La violencia sexual: desarrollos feministas, mitos y respuestas normativas globales

Abstract

Making use of a feminist and human rights-based theoretical framework, this doctoral thesis reveals the isolation experienced by women victims of sexual violence over the last 30 years in Spain, despite the positive developments in this realm and the existence of a regulatory framework specifically addressing gender-based violence. To undertake this analysis of sexual violence committed against women, I provide a much-needed examination of the theoretical and conceptual signification of sexual violence throughout history (from the Middle Ages to the 20th century) and in particular from the time of the Spanish democratic transition to present day. This research offers a greater understanding of the factors behind the disregard experienced by victims of sexual violence in the 20th century, in a wealthy country like Spain governed by the rule of law. This study was undertaken based on a detailed analysis developed by the theoretical and political feminist framework from the 1960s to present day. In order to present the conclusions of this research, the numerous variables implicated in the issue are dissected making use of a feminist perspective – in dialogue with a human rights theoretical framework and approach. These are the variables which have permitted the systemic exercise of this form of violence and discrimination against women: the objective of sexual violence as one of the pillars supporting the patriarchal system; its origins, underlying causes and the permanent rape myths surrounding it, the various manifestations of sexual violence, as well as the constant impunity of those responsible. Using the above analysis as a point of departure, the second part of this doctoral thesis evaluates the responsibility of the Spanish state in the area of sexual violence using the due diligence standard, evidencing the absolute indifference of the State, which has failed to fulfil its obligations in terms of prevention, investigation and sanction, integrated attention and compensation for victims of sexual violence