NEWS AND VIEWS - ITALY: In an interesting and perhaps extraordinary judgement by an Italian court, the judge ruled that because a woman did not react within 20-30 seconds in saying 'No' to a man who wanted sex she cannot claim that she was raped.
The judge in effect put a time limit on a woman's rejection of sex at the moment that it is about to occur. It's an interesting thought and perhaps it's a situation that needs to be addressed in order to clarify when rape is or is not genuine.
The man was acquitted by the Italian court who had been accused of sexually assaulting an airline attendant because she waited 30 seconds before fighting him off.
Clearly, a woman can say no verbally or they can say no through their behaviour and/or body language. But it must be done within 20 seconds according to this Italian judgement.
The alleged assault took place in Milan. The judgement follows a similar one in a separate case last year. Both cases have prompted a demand for a change in the law.
The woman representing the alleged rape victim said that "It's like we've gone back 30 years".
The alleged assault took place in 2018. The flight attendant entered the office of a union official, Raffaele Meola, at Malpensa airport. She was there to discuss a discrimination case.
According to The Times report she "took a seat, and started to read out a document linked to the case and he shut the door. Meola then stood behind her chair, caressed her neck and breasts and reached down into her trousers to lift up her slip." The words come from the woman's lawyer.
The woman is now 40 years of age. She told the court that she froze during those precious 20-30 seconds. She said that she was afraid, taken by surprise and became paralysed.
She's been to court twice about this. On the first occasion she lost the case and then she appealed it but lost that as well.
The lawyer said that the problem was Italian law on sexual violence. It requires the use of violence and/or physical or psychological pressure or abuse of authority in order for a conviction to be successful.
"What the law does not clearly state is that if there is no consent given, it should count as sexual assault."
Comment: clearly this judgement has put the law into a state of flux in Italy and although in one way it clarifies some aspects of rape as a crime in Italy it also creates further problems and it seems that this lawyer is asking that the specifics of rape need to be specified in an amendment to the existing Italian law. This is the work of politicians. I doubt that there will be any changes.
Note: this is clearly nothing to do with cats! 😎😻 But it is interesting and needs to be discussed. There is a weak connection: women are more likely to adopt a pet cat.
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P.S. please forgive the occasional typo. These articles are written at breakneck speed using Dragon Dictate. I have to prepare them in around 20 mins.
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