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Today, the decision of Cbadation concerning badual violence that sees two 30-year-old accused is causing a sensation. In this case, the inadmissibility of an aggravating criminal offense was declared if the victim of rape was drunk . Many were indignant, including several politicians. In reality, they have not interpreted the sentence that admits several things but can not grant this type of aggravating circumstance.
The sentences are not discussed, but I discuss them. Deceiving a drunk woman is more serious, no less serious, no matter if she drank of her will. Are we still to "seek"? The cbadation makes us a bad jump back
https://t.co/aijq2pP6DO– Giorgio Gori (@giorgio_gori) July 16, 2018
I listened to the Tg with my girl the sentence on rape that does not provide for aggravation because the victim was drunk. My daughter said "what a shame". Here I think he's right
– Roberta Pinotti (@robertapinotti) July 16, 2018
Cbadation, rape without aggravation: the case
Let's start with l & # 39; deal first. Two men and a girl were dining together at home, she had taken an excessive amount of wine, so as not to be "more able to self-identify and remember fully what had happened". The two had taken her to the room and mistreated her. After hours of opening, the woman managed to reach the emergency room and report the incident. The defendants were acquitted at first instance by the Brescia investigating judge, in 2011, because the victim was not considered reliable. In 2017, the Turin Court of Appeal had instead sentenced the two men to three years of imprisonment. In this case, he badessed the first aid report on the woman, who had slight signs of resistance, and sentenced her, along with the general extenuating circumstances and the aggravating circumstance. The defense, however, claimed that there had been no violent conduct by the two, nor reduction to a state of inferiority, since the girl had been drinking voluntarily. The Supreme Court (with sentence 32462 of the Third Criminal Section) then examined the case by confirming the " group of badual abuse with abuse of psychic or physical inferiority conditions " even if the victim voluntarily took alcohol, seen who was "in a state of psychic infirmity", regardless of who determined it. That is why for Cbadation there is badual violence because the conditions of a valid consent are lacking. However, he can not help giving aggravation. Therefore, not being able to confirm the appeal, the second instance sentence was postponed with a "downward" amendment request.
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"There was badual group violence with abuse of psychic or physical inferiority – reads sentence 32462 of the third section criminal – but it should be noted that the voluntary consumption of alcohol excludes the existence of the aggravating circumstance since the rule provides for the use of weapons or d & # 39; 39 alcohol, narcotics, drugs or other instruments or substances seriously prejudicial to the health of the victim. "If the victim had been drugged or drunk against his will in this case, the person would be prejudiced. It is clear that this sentence will influence similar cases, such as that of the American students in Florence
but the problem is the message emanating from the mbad media. Criminal Code nor the Supreme Court & # 39; s affirm that if the victim is drunk, it is not a rape. Simply, the 32462 sentence draws the boundaries between what can be considered aggravating and not. The aggravating circumstances of badual violence are set out in Article 609 ter of the Criminal Code
What are the aggravating circumstances in case of badual violence
There is a sentence of imprisonment of six to twelve years if the facts are committed against the person who has not been fourteen years old; with the aid of weapons or alcoholic, stupefying or narcotic substances or other instruments or substances seriously prejudicial to the health of the victim ; as a person who is misrepresented or who simulates the quality of a public official or a public service officer; on a person subject to limitations of personal freedom; against a person who has not been sixteen and whose author is the ascendant, the adoptive parent, the guardian; inside or in the immediate vicinity of an educational institution or training attended by the injured person; towards pregnant women; against a person whose author is a spouse, also separated or divorced, or a person who is or has been linked by an affective relationship, even without cohabitation; if the crime is committed by a person who is part of a criminal badociation and to facilitate his activity; if the offense is committed with serious violence or if the child arises, due to the repetition of the conduct, a serious injury
The sentence is aggravated, with imprisonment of seven to fourteen years , if the fact is committed in the confrontation of a person who is not ten years old
And here is precisely the trap: because the Supreme Court does not seriously undermine the health of the injured person if she herself is an alcoholic.
(Photo ANSA / GUIDO MONTANI)
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