Abstract

The study about the criminal treatment of the sexual violence against women as an special form of the gender violence, want to underline the problems that prevent the equality between men and women were really and effective. The patriarchal society can discriminate against women in an a lot of number way. We begin to remember the history of the criminal law and arrive to the actuality law thinking about the special crime to punish women and men. Particularly, we study the rape, as a crime in which women are the victims and men the perpetrators and think about if today it is necessary, ask absence of consent, or if it is necessary physical violence, intimidation of abuse of a superior position.