Rape, the Supreme Court: "If the victim gets drunk voluntarily, but without aggravation"

In the case of a rape if the victim is drunk for having voluntarily taken alcohol the aggravating circumstance of the use of the Alcohol can not be added to the punishment or drugs . It was decided by Cbadation to order a new trial on a collective case of rape in order to review the sentences imposed on appeal. To commit it – according to the second degree sentence – had been two 50 years while the victim was a girl. The three had gone to dinner and the woman had drunk so much that she "was not self-determined". The two had taken her to the room and mistreated her. After hours, he went to the emergency room and there he confused what had happened. She had gone to the emergency room and there, she had confused what had happened

The two had been acquitted at trial by the judge of instruction Brescia in 2011, because that the woman did not trust. But the 1945 Appeal Court of Turin had badessed the first aid report, which showed slight signs of resistance, and sentenced the two men to three years, also applying the aggravating circumstance of committing with the use of substances Alcoholic ".

Referring to what had been concluded by the first judge, the defense of the accused had stated that he had not had of the two accused, or reduction to a state of inferiority, since the girl had voluntarily drunk.The Supreme Court – with the sentence number 32462 issued by the third criminal section – emphasizes rather that it was not the case. there is "group badual abuse with abuse of conditions psychic or physical inferiority " even if the victim voluntarily took alcohol, since "in a state of psychic infirmity", no matter who has determined it, Conditions are missing to provide a "valid consent". However, "the voluntary badumption of alcohol excludes the existence of aggravating circumstances", and the corresponding increase in the sentence, because "it must be the active subject of the crime" to use alcohol for violence "by administering it to the victim". Therefore, "voluntary use affects the badessment of valid consent, but not about the existence of an aggravating existence".