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Date Published: 20/08/2026

Supreme Court sets clear limit on sex changes and past convictions

A change of registered sex cannot erase a gender violence conviction for offences committed before the change

The Supreme Court, in Spain, has confirmed that changing a person´s registered sex does not wipe out a previous conviction for gender violence.

The ruling, issued on July 22, confirms a nine-month prison sentence for gender violence against a former partner, after the convicted person argued that they could no longer be sentenced for the offence because they had subsequently registered as a woman.

The case dates back to April 20, 2022, when the defendant went to the area around their former partner's home to visit their eight-year-old daughter. During a confrontation, the defendant grabbed the girl's arm and, when her mother intervened, punched her in the waist and struck and scratched her neck.

The Criminal Court of Castellón initially imposed nine months in prison for gender violence and another nine months for domestic violence against the defendant's daughter. The Provincial Court later upheld the sentences.

The defendant then appealed to the Supreme Court, pointing to a change of registered sex made by the Castellón Civil Registry on June 1, 2023, more than a year after the incident.

The Supreme Court rejected the argument, making clear that the sex change could not have retroactive effect on conduct that had already taken place and been judged when the defendant was legally a man.

The court said the sentence was imposed for violence committed by a man against a woman who had been his romantic partner. Changing the registered sex afterwards therefore could not alter the legal circumstances at the time of the offence.

The ruling comes as gender violence remains a significant issue across Spain. Reports of gender violence have been rising across the country, an issue previously highlighted as figures continued to attract attention. The situation has also been particularly marked in Murcia, where gender violence figures have remained among the highest in Spain, while concerns remain about victims who do not report abuse.

The Supreme Court also addressed a slightly different situation. It said that even if someone changed their registered sex before committing an offence, that change could not be used to avoid a gender violence conviction if it was proven that the change had been made specifically to defraud the law.

Importantly, however, the court stressed that changing sex in the registry does not automatically mean fraud. Any such claim would have to be proved conclusively, with the courts considering the specific circumstances of each case.

The ruling therefore draws a clear distinction between a person's registered sex and the legal circumstances surrounding an offence when it was committed.

Image: wikicommons

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