A change of sex registry made before a complaint for alleged crimes of gender violence and domestic violence will be reviewed by order of the Provincial Court of Zaragoza. The court wants to clarify the circumstances of the rectification and determine whether it could have been used to avoid the application of specific legislation on gender violence.
The person under investigation had changed sex before the reported events and is currently listed as a woman. For this reason, the magistrate of the Violence against Women Section decided to transfer the case to an ordinary investigating court, a measure that was appealed by the complainant.
The Court has upheld the appeal and considers that the transfer was agreed prematurely, since the change in registration was not documented in the proceedings. The magistrates have taken into account the criminal record of the person denounced for crimes of gender violence against the same victim and a police assessment of «extreme risk».
The order also states that the person under investigation told the Guardia Civil that he had changed sex on August 6, 2025 «with the sole purpose of shielding himself against this type of complaint». The court points out that this statement must be assessed, although it clarifies that the existence of fraud of law cannot be considered proven and must be determined by the Civil Registry.
While this issue is being resolved, the proceedings will continue in the Violence against Women Section. If the Civil Registry rules out fraud and maintains the registration as a woman, the investigation will go to an ordinary court; If it annuls the change in registration, the case will remain in the specialized body. There is no appeal against the decision of the Court.
