Reciprocal Injuries in Criminal Matters in Law 30364: A Critical and Comprehensive Analysis from the Gender Stereotype

Abstract

The present study seeks to address the issue of reciprocal injuries in criminal matters by examining the implications of Law 30364, which aims to prevent, punish and eradicate violence against women and members of the family group. The legislation encompasses both men and women, yet there are instances where women perpetrate violence against men, often perceiving them as victims. This tendency may be influenced by gender stereotypes embedded within the justice system. The present article seeks to determine whether there are instances of mutual aggression in Law 30364 in criminal matters, and whether any fundamental right of the man is violated by stigmatizing him as an aggressor. The aim is to unify criteria and guarantee the predictability of judicial decisions. The methodology employed in this study combines qualitative and quantitative approaches, which are of social and procedural relevance, as it seeks to guarantee the protection of the fundamental rights of women and men in cases of family violence.