Group sexual violence, the dangerous judicial precedent
From the court of Ravenna comes a sentence destined to make jurisprudence and to create a “dangerous precedent“A judge acquitted two defendants accused of group sexual violence after an alcoholic evening, against a 18 year old girl. The prosecutor Angela Scorza – we read in the Corriere della Sera – had in fact asked nine years of imprisonment for the two defendants, a thirty-year-old of Romanian origin and a thirty-one-year-old Senegalese with a past as a semi-professional footballer. “Acquitted because the fact does not constitute a crime“, the court decided, causing some astonishment among the investigators. The point is state of drunkenness of the girl. Because, if proven, it is sexual violence regardless of whether the girl has given consent or not. So, at least, you make the law.
The defendants – continues the Courier – they declared that it was not only consenting but also lucid. However, there are some videos of that evening and one in particular takes up sexual intercourse. «Unequivocal images and audio», according to the investigators, referring to the altered state of the victim at the time of the eighteen-year-old events. The court has decided that the fact does not constitute a crime. That is, the relationship was there but it is not prosecutable because there was no perception of the altered state of the woman. “Given that first it will be necessary to read the reasons for the sentence, I do not deny a certain surprise – commented the prosecutor of Ravenna, Daniele Barberini, known for his prudence -. It seems to me that this ruling may set a dangerous precedent for the legislation on sexual violence“.
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