Rapist Cleared Due to Victim’s Previous Sexual Experience: Judges’ Ruling Sparks Outrage

Macerata: An alleged rapist has been acquitted by judges in Macerata, Italy, on the basis that the victim, a 17-year-old foreign girl, should have anticipated the potential consequences of being alone in a car with a man, due to her past sexual experiences.

According to Ansa News Agency, the case, initially reported by the Roman daily Il Messaggero, occurred six years ago near Macerata in the Marche region and is now set to be appealed. The judges’ decision highlighted that the young girl “had already had intercourse, so she was able to imagine the possible developments of the situation.” The man, who was 25 at the time and is now 31, allegedly raped the girl in a secluded area after another couple left them alone in the car in 2019.

The victim recounted that the defendant pinned her down, causing bruises that took eight days to heal, and sexually assaulted her. The defense argued the act was consensual, citing the judges’ observation that the girl neither resisted nor called for help. The judges noted, “She had not attempted to escape, for example, by opening the back door, even though she could have done so easily.” Despite this, the girl insisted that she “had tried to push him away with a punch, but she could not move.”

The ruling has drawn criticism, particularly from Laura Boldrini, a Centre-left Democratic Party (PD) MP and former UNHCR refugees spokeswoman, who has filed a bill on sexual consent. Boldrini condemned the decision, stating: “Once again, a woman is denied justice for the violence she has suffered because the culture of consent is lacking.” She emphasized the need for a clear understanding that only “yes” means “yes” and highlighted the barriers victims face, such as fear and shock, which can prevent them from resisting during an assault.

Boldrini’s proposed legislation seeks to establish explicit consent as a requirement for sexual intercourse, ensuring it is expressed, manifest, and unequivocal throughout the act. She referenced the Istanbul Convention and practices in many European countries, asserting that only explicit agreement can differentiate lawful intercourse from rape. The bill is currently under discussion in the Justice Committee of the Chamber of Deputies, Italy’s lower house of parliament.