Gender, in the human species, the denominations “ female” are used to refer to women and “male” to refer to men; However, it seems that, in the investigations on the criminal processes of gender and domestic violence, only the female gender exists, due to the degree of vulnerability situations in which women are exposed, added to the notorious fact that the gender approach is distorted placing women as the only person in a situation of social vulnerability when this approach should be aimed at the protection of constitutional and human rights of all persons with equal opportunities and procedural guarantees that are or will be placed in that situation. 

Currently, in the investigations that are carried out in the section of the Specialized Prosecutor's Offices for Family and Youth Affairs, attached to the Public Ministry of the Attorney General's Office of the Republic of Panama, the complaints for domestic and gender violence are related to femicide and domestic violence focused only on women, due to the degree of convergence of one with the other. From this perspective, we can sustain that the majority of the complaints for gender violence are filed only by women and those for domestic violence, to a large extent, also by women, since for men there is no such degree of legal protection, because the law does not address it. In this sense, we affirm that there are no statistics that show the percentage of convictions of any man for gender violence, while for domestic violence there are, and they are very biased or partial.

Our research is a critique of the confusion of these concepts in the investigation phase before the Public Prosecutor's Office, within the criminal proceedings related to people who have a couple relationship, by reason of the marriage that unites them. In addition, we make a brief distinction of what distinguishes a complaint for domestic and gender violence with a claim of cruel treatment before the Family Jurisdiction.