Italy's highest court overturns decision that woman was too "masculine" to be raped
Italys highest court overturns decision that woman was too "masculine" to be raped
WorldViews
Italys highest court overturns decision that woman was too masculine to be raped
By Emily Tamkin
April 10 at 10:27 AM
Italys highest court has
overturned a decision that a woman was too masculine to be raped, in a turn of events that activists hope will bring about a change in attitudes toward sexual violence and its victims in Italy. ... Last month, protesters
took to the streets outside the appeals court in Ancona, a city on Italys Adriatic Coast, after it was revealed why a panel of three female judges had acquitted two men accused of rape in 2017. The protesters took issue with the jurists reasoning, disclosed last month through the Italian Supreme Courts retrial order: The judges reached their decision to acquit in part because they agreed with the defenses argument that the victim looked too masculine for the men to have been attracted to her.
The woman reported that she was attacked in 2015. Doctors said her injuries were consistent with rape, and her lawyers claim that her drinks had been spiked at a bar after an evening class was seemingly supported by the fact that her blood showed a high level of benzodiazepines, a type of tranquilizer. The men were convicted in 2016.
But the appeals court in 2017 overturned that conviction, arguing that it was possible that the woman had organized the gathering in which she said she was drugged and raped. The judges wrote that one man didnt even like the girl, to the point of having stored her number in his phone under the nickname Viking, an allusion to an anything but feminine figure, rather a masculine one. They added: The photograph present in her file would appear to confirm this."
The woman had returned to her native Peru, but her lawyer, Cinzia Molinaro, who called the judges reasoning disgusting, filed an appeal. ... On Tuesday, Italys Supreme Court overturned the acquittals, noting that the appearance of a rape victim is wholly irrelevant and a non-decisive factor in assessing a rape allegation.
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Emily Tamkin reports and writes on foreign affairs for the WorldViews team. Follow
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