Berta, whose identity is protected by the pseudonym Balbino, was described as possessive, jealous, and sexist towards her husband. Their marriage began in 2001, but over the years it became increasingly strained as Balbino became increasingly controlling and unyielding towards his wife’s life, friendships, and autonomy. He restricted her economic resources, limited her interactions with others and made her completely dependent on him.
Expressions like “you’re a Mongol”, “I’ll tear your head off”, “you’re going to find out”, “you’re going to cry drops of blood”, or “something big is going to happen here” were common occurrences in their relationship. However, despite the abusive behavior described by Berta’s autonomy diminished and she became submissive and fearful of her husband who had a strong build and often consumed alcohol and cocaine.
Despite the evidence presented against him, the Supreme Court acquitted Balbino of sexual abuse due to lack of evidence. The ruling highlighted the importance of consent in sexual relations and noted that although the victim did not resist, her submission could have been a result of fear. The court emphasized the need to carefully assess various factors in cases like this including the intensity of abuse, presence of coercion and impact on victim’s autonomy.
In conclusion, this case highlights the complex issue of consent and its impact on intimate relationships. It emphasizes the importance of understanding power dynamics and coercion in cases of abuse while acknowledging that a situation of domination does not necessarily imply that intimate encounters are consensual. This ruling provides valuable insights into how courts should approach cases involving abuse, consent and power dynamics in intimate relationships.
