Estados mentales y problemas probatorios en el feminicidio

Femicide is a crime against life, human dignity, equality, non-discrimination, and free development of women’s personality. This scenario is preceded by a setting of control, domination, and annulment, culminating in death. Since 2015, this crime has acquired autonomy and is defined as the homicide of a woman motivated by her condition as a woman within the framework of gender-based violence. For femicide to be legally constituted, there must be proof that the death was preceded by a situation of physical, psychological, or economic violence, among others. Additionally, the motive—taking the woman’s life—lies in a special motivation on the part of the aggressor. Consequently, in the process of legal qualification, it is necessary to consider not only the objective verification of the death but also the subjective aspect, the specific intent. The listing of acts constituting femicide entails significant evidentiary challenges, as intent is not inferred solely from the thoughts of the perpetrator or what they could have imagined (an attribution from the psychological perspective). From a normative point of view, it is not mandatory to access the mind or psyche of the active subject. For this reason, mental states are a relevant category for examining the subjective ingredient of femicide. It is their mental state that determines the aggressor’s will, making it crucial to prove it. This will help to highlight the challenges and alternatives for proving intent in cases of femicide prosecuted in judicial proceedings

Attribution · Autonomy · Femicide · Homicide · Mental state · Normative · Psyche · Criminal Justice and Penology · Gender, Violence, Rights in Latin America · Violence, Education, and Gender Studies