Italy rape ruling draws criticism
By Christian Fraser
BBC News, Rome
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The Supreme Court in Italy has ruled the rape of a
young girl was a less serious offence because she was already sexually
active.
The case involved the appeal of a 40-year-old man who had sexually abused his girlfriend's 14-year-old daughter.
The ruling has been criticised by politicians and child-welfare agencies.
A lower court had ordered the man to serve three years
and four months, but his appeal has so far lasted four years and he has
yet to spend a day in jail.
On Friday Italy's highest court ruled the sentence was excessive, given the extenuating circumstances of the case.
'More developed'
In a written decision, which will now be sent back to
the lower court in Cagliari for consideration, the five Supreme Court
judges decided the rape of a minor was a more moderate offence if the
child involved was no longer a virgin.
This girl comes from a socially-deprived background,
they said, and her personality, from a sexual point of view, was more
developed than one would normally expect of a child that age.
The ruling has brought a furious reaction from politicians and child-protection agencies across Italy.
Maria Gabriella Moscatelli, the president of a women's
helpline called The Pink Telephone, said the decision had put her
country back 50 years.
"It's incomprehensible," she said. "I feel like I've been punched in the stomach."
It was particularly hard to take, she added, given that
in the last year her helpline had recorded three times as many
allegations of sexual violence as in the previous year. |