Strasbourg Court: sex under threat is violence and rape
The European Court of Human Rights has condemned Italy for failing to protect a woman who was a victim of sexual and domestic violence, establishing that sex obtained through threats constitutes violence and rape.
Strasbourg Court: sex under threat is violence and rape
The European Court of Human Rights in Strasbourg has issued a landmark judgment condemning Italy for the lack of protection afforded to a French woman of Italian origin who was a victim of domestic and sexual violence. The judges established that sexual relations obtained through threats and coercion constitute violence and rape, violating articles 3 and 8 of the European Convention on Human Rights.
The case concerns a woman who in April 2021 reported her Italian ex-partner to the authorities, accusing him of repeatedly forcing her into sexual relations and of physically and psychologically abusing her, along with her two minor children. The woman had requested protective measures, fearing an escalation of the violence.
However, instead of proceeding with urgency, the Italian justice system initiated a series of delays and postponements. Initially, the prosecutor's office even closed the case, arguing among other things that an incident in which the man had held a knife to her throat to force her into a sexual relation was merely "a tasteless joke", since it was impossible to prove that the defendant had perceived the absence of consent.
Only in June of this year was the defence able to have the investigation reopened. The man was subsequently convicted at first instance to four years and six months' imprisonment.
The Strasbourg Court highlighted how Italian judicial practices reflect "a sexist and stereotyped culture", and that the use of such arguments to reject reports of abuse and rape violates fundamental rights. The judgment also cited recommendations from GREVIO, the Council of Europe's group of experts on combating gender-based violence, which had already flagged how this type of institutional prejudice leads to the secondary victimisation of women.
Italy was ordered to pay €15,000 to each of the three family members and to cover legal costs. The decision is part of a broader framework of recurring observations on the "judicial passivity" of the country towards gender-based violence, with reference also to previous cases such as the "Talpis v Italy" judgment of 2017.
Source: Efimerida ton Syntakton