In this work we will briefly seek to address the issue of understanding gender-based domestic violence as one of the forms of torture and whether this can be used to reduce punitive power on victims of diachronistic gender-based violence: the State’s obligations arising from that proper understanding, the application of the right with a gender perspective in human rights, and, in particular, the State obligation to act with due diligence to prevent such violence from occurring, aggravating and reoccurring, especially when they have already been detected and addressed by public bodies, even when the perpetrators were private individuals. Finally, we will apply these standards to the Y.P. case that occurred in La Pampa in 2012, in which we can see that there has been an ineffective involvement of a multitude of pre-judicial agencies in relation to the logic that we will discuss here around effective prevention, investigation, sanction, reparation and eradication of this type of violence, and then the materialisation of the criminal power against a woman who is a victim of diachronistic gender-based violence who has acted in his own hands against his aggressor.