Symbolic violence is violence transmitted through messages, images, stereotypes and customs that present inequality between women and men as natural. It is not a criminal offence in itself, but it creates the ground on which other forms of violence are justified or minimised. Organic Law 1/2004 and the legislation on advertising and audiovisual media impose measures against it, and stereotypes can also influence how a victim is assessed at trial.
Some forms of violence leave visible marks and others work in silence: in the joke everyone laughs at, in the advert that reduces a woman to a body, or in the question of why she “didn’t leave sooner”. This last form of violence is called symbolic violence and, although it cannot be reported to a court, it shapes how we perceive gender violence, how victims react and, at times, how their testimony is assessed. We explain what it is, where the concept comes from and why it matters in practice.
What symbolic violence is
The concept was developed by the French sociologist Pierre Bourdieu. He already used it in his work on the education system in the 1970s and applied it to relations between the sexes in his book Masculine Domination (La domination masculine, 1998). For Bourdieu, symbolic violence is a gentle and invisible form of domination exercised through communication, language and the categories with which we think about the world, so that both the one who dominates and the one who is dominated end up perceiving that hierarchy as something natural.
Its most characteristic feature is precisely this: it is not perceived as violence. It presents itself as tradition, humour, common sense or “just the way things are”. That is why it is so effective and so hard to combat.
How it differs from other forms of violence
- Physical, psychological, sexual or economic violence is inflicted by a specific person on another and may constitute a criminal offence.
- Symbolic violence is diffuse and collective: it lies in discourse, images and social norms. It has no identifiable perpetrator and, on its own, no criminal-law response.
Nevertheless, the two are connected. The stereotypes that normalise jealousy, control or the idea that a woman must sacrifice herself for her family are the breeding ground for behaviour that is indeed criminal.
Everyday examples
In advertising
- Adverts that use a woman’s body as a lure with no connection to the product.
- Toy or cleaning product campaigns that assign rigid roles according to sex.
In the media
- Headlines that present a gender-based murder as a “crime of passion” or a “family tragedy”.
- News reports that highlight the victim’s clothing, love life or alcohol consumption, shifting responsibility away from the perpetrator.
- Morbid or sensationalist treatment of images.
In culture and entertainment
- Songs, series or films that present jealousy and control as proof of love.
- Humour that ridicules complaints or trivialises sexual violence.
- Social media content spreading the idea that most complaints are false, with no data to back it up.
In everyday language
- Expressions such as “she must have done something” or “that’s between the two of them”.
- Victim-blaming: “why didn’t she leave?”, “why did she take so long to report it?”.
What the law says
Organic Law 1/2004 (Ley Orgánica 1/2004) devotes part of its Title I to awareness-raising and prevention in advertising and the media:
- Article 10: considers unlawful any advertising that uses the image of women in a degrading or discriminatory way, in accordance with the General Advertising Act.
- Article 12: entitles the Government Delegation against Gender Violence (Delegación del Gobierno contra la Violencia de Género), the regional equality bodies, the Public Prosecutor’s Office and women’s rights associations to apply to the courts for such advertising to be stopped.
- Articles 13 and 14: require the public authorities to ensure that the media do not foster inequality, promote self-regulation and require information about violence against women to respect the dignity of the victims and their children, with particular care in the use of images.
Other legislation supplements this protection:
- Law 34/1988, the General Advertising Act (Ley General de Publicidad) (art. 3.a), declares unlawful any adverts that present women in a degrading way, using their bodies as mere objects or associating their image with stereotyped behaviour that contributes to generating the forms of violence covered by LO 1/2004 and LO 10/2022.
- Law 13/2022, the General Audiovisual Communication Act (Ley General de Comunicación Audiovisual) (art. 6), requires audiovisual communication to convey an egalitarian image and not to foster situations that incite sexual or gender violence.
- The Council of Europe’s Istanbul Convention, ratified by Spain, obliges States to eradicate prejudices and practices based on stereotyped roles (art. 12) and encourages the media and the technology sector to adopt self-regulatory standards (art. 17).
Important: symbolic violence cannot be reported as a criminal offence, but some of its specific manifestations do have consequences. A degrading advert can be withdrawn by means of an action for an injunction (acción de cesación); and when the message is directed at a specific woman, through humiliation, the sharing of images or online harassment, it may amount to offences such as stalking (art. 172 ter CP), the sharing of intimate images (art. 197.7 CP) or insults and humiliating treatment.
Why it matters for prevention
Gender violence rarely begins with a blow. It usually starts with controlling behaviour that the victim, and those around her, interpret as normal because culture has presented it that way: checking her phone “out of love”, deciding who she can go out with, jealousy experienced as flattery. Identifying those messages helps to recognise the early warning signs of gender violence before the situation escalates.
That is why LO 1/2004 starts with education (art. 4) and with advertising and the media: if role models change, social tolerance of violence falls and it becomes easier for victims to ask for help.
Why it matters at trial: stereotypes
Stereotypes do not stay out on the street; they can make their way into the courtroom. Some preconceived ideas that have been identified as problematic in the assessment of evidence are:
- Expecting a “real victim” to report immediately, when delay is common because of fear, financial dependence or emotional attachment.
- Distrusting a woman who withdraws her complaint or reconciles with the abuser, without taking the cycle of violence into account.
- Judging credibility by the victim’s emotional reaction when giving evidence (crying or not crying).
- Systematically suspecting that every complaint made during a separation is tactical.
The Istanbul Convention and the Supreme Court’s case law on adjudicating with a gender perspective point in the same direction: each case must be assessed on its evidence, without prejudice in either direction. This protects victims, who should not be questioned for failing to match an ideal model, and also those accused, who are entitled to the presumption of innocence and to have their case decided without generalisations.
In practice, a good defence, whether of the victim or of the accused, involves spotting when an argument rests on a stereotype rather than on evidence, and pointing it out. If this aspect interests you, see our guide on how to prove you are a victim and our guide on how to defend yourself against a false accusation.
What you can do
- Spot and challenge messages around you that blame the victim or justify control.
- Talk to your children about what they see on social media, in series and in songs.
- If you come across degrading advertising, you can report it to the equality bodies, which are entitled to request its withdrawal.
- If you are a victim, remember that you do not have to fit any model for your account to be credible.
Frequently asked questions
Who created the concept of symbolic violence?
The French sociologist Pierre Bourdieu. He developed it in his studies on education in the 1970s and applied it to relations between men and women in Masculine Domination (1998). It describes a form of domination exercised through language and representations that is perceived as natural even by those who suffer it.
Is symbolic violence a criminal offence in Spain?
Not as such. It is a diffuse form of violence with no specific perpetrator. But some of its manifestations have legal consequences: degrading advertising is unlawful and can be withdrawn, and messages directed at a specific woman may constitute offences of stalking, insults, humiliating treatment or sharing intimate images.
What does it have to do with gender violence?
Symbolic violence normalises inequality and controlling behaviour, which makes it easier for other forms of violence to be tolerated or minimised. That is why Organic Law 1/2004 includes awareness-raising measures in education, advertising and the media in addition to criminal and protective measures.
Can stereotypes influence a trial?
They can, if the assessment of the evidence relies on preconceived ideas about how a victim or an accused person ought to behave. Case law requires each case to be assessed on its evidence. A proper technical defence helps to identify and rebut arguments based on stereotypes, whichever side is affected by them.
If you have experienced violence, or you are facing a complaint and believe you are being judged with prejudice, we can help you. See our pages on defending women who are victims, defending men who have been reported and cyberviolence and online harassment, or call us on 607 449 491, available 24 hours a day.
Legal basis and sources
- Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence (arts. 4 and 10 to 14) (BOE, in Spanish)
- Law 34/1988 of 11 November, the General Advertising Act (art. 3) (BOE, in Spanish)
- Law 13/2022 of 7 July, the General Audiovisual Communication Act (art. 6) (BOE, in Spanish)
- Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) (BOE, in Spanish)
- Criminal Code (arts. 172 ter, 173.4 and 197.7) (BOE, in Spanish)


