On Thursday, the Turin Court of Appeal acquitted a man who had been sentenced in the first instance to 2 years and almost three months in prison for the rape of an acquaintance in 2019. In the sentence, the judge justified the decision with arguments that justify the aggressor on the basis of some behavior of the victim. He wrote that it cannot be ruled out that “the young woman gave hope” and signs that prompted the accused “to dare”, also because she “was upset by excessive use of alcohol”. Also according to the sentence, the breakage of the zipper of her trousers would prove nothing, because it could have occurred “on the exaltation of the moment” and because “of modest quality”.
The prosecutor appealed to the Supreme Court, explaining that “the court demonstrates that it does not apply the jurisprudential principles on the subject of consent to the sexual act” and that “the lack of dissent on the part of the offended person is not proven, indeed the existence of manifest dissent is evident”: according to the prosecutor in fact, the victim allegedly expressed his dissent in words and gestures and none of his behavior could have led the accused to think that there was a consent.
The episode took place in May 2019: the two were in their twenties, had known each other for about 5 years and had met for an aperitif in a club. There had been kisses between the two before, but then she made it clear that she wasn’t going to be in a romantic relationship, while he told her he had feelings for her and that he wasn’t going to give up hope of her. Her rape allegedly took place in the room’s bathroom (which was in her inner courtyard), where he had accompanied her to keep her purse.
According to what was reported in the courtroom, the young woman would have denied her consent in words several times: «I repeated several times to him:“ What the fuck are you doing? What the fuck are you doing? I do not want to””. After the incident the woman would be seen by other people in tears, while the accused would have a normal and cordial attitude. The broken zipper of her pants was brought to court by the prosecution in support of her assault.
The appeals court ruling did not deny that the incident took place, but argued that there was no evidence to consider it a rape.
One reason is that in that circumstance the young woman was not fully in herself for the excessive use of alcohol: something that other judges could consider an aggravating factor for the defendant’s behavior, but which in the sentence was used to blame the victim. Another reason is that the young woman would have left the bathroom door ajar «so as to give the man the idea that this was the propitious opportunity that the young woman was offering him. An opportunity that she did not miss ».
The judge also motivated the breaking of the hinge, arguing that it was of poor quality and that it could have broken “on the exaltation of the moment”.
This is part of the sentence by which a man accused of rape was acquitted by the Turin Court of Appeal. Thanks to @radiopopo (e @albertiradiopop) who has decided to open the 7.30 pm edition broadcast shortly with this news. pic.twitter.com/DVpJEBwfSE
– rita rapisardi (@ritarapis) July 7, 2022
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