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The Strasbourg Court condemns Italy: “Prejudices against women victims of rape”

The violence dates back to 2008, the acquittal by the Court of Appeal of Florence and 2015. Now comes the condemnation of the European Court of Human Rights in Strasbourg. It is a conviction for Italy, for having violated the rights of the «alleged victim of rape“. The motivation says that in that sentence there are “passages that did not respect his private and intimate life”, there are unjustified comments and also a “language and arguments that convey prejudices on the role of women that exist in Italian society».

The judicial affair had lasted for years. According to the indictment, the group of young people, after an evening together, on July 26, 2008, got the girl drunk and took her to a parking lot near the Fortezza da Basso in Florence, to then rape her. Seven people were arrested after the woman’s complaint. Six people were sentenced in the first instance and one was acquitted. On appeal they were all acquitted because “the fact does not exist” speaking in the motivations of a fact “not commendable for anyone”, but “criminally not censurable” and referring to a “questionable moment of weakness and fragility”.

The alleged victim of violence, in his appeal to the Strasbourg Court, did not ask to comment on the acquittal of the accused, but on the content, considered discriminatory, of the sentence, which allegedly violated his private life. The Court upheld her reasons and guaranteed her compensation for moral damages amounting to 12 thousand euros.

The lawyer Tweety Carrano, the woman’s lawyer, reported to theAnsa satisfaction with the sentence given that the Court has “recognized that the dignity of the appellant has been trampled by the judicial authority”. The sentence repeats “gender stereotypes, thus minimizing violence”. The victim became so twice through “guilty language.” The hope is that the government will intervene so that “sexist stereotypes are not reproduced in the sentences”.

Elisabetta Gallotta, psychologist, psychotherapist and anti-violence operator who is part of Aspic Psicologia, explained to Vanity Fair that society is the first obstacle for women and this is also reflected in the complaints and sentences on violence. “We are in a society built and maintained on a prejudice of female inferiority, no longer stated in words (perhaps) but certainly” practiced “: when women receive a lower salary than men who perform the same duties, when they are those who graduate moreover, they do not access top positions, when they are the first to lose their jobs … The question of consent is central: if I say no it is no, if I do not say yes it is no and if I am raped while I am drunk a crime has been committed. Point. But this is difficult to pass ».

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