Cassation Court Ruling: The Boundary Between Stalking and Revenge Porn

The recent ruling by the Court of Cassation, No. 33230 of March 28, 2024, offers interesting insights into the delicate issues related to the crimes of stalking and unlawful dissemination of sexually explicit images. The Court was called upon to decide a case in which the defendant, A.A., was convicted of stalking and for disseminating private content of his former partner, B.B. This article aims to analyze the legal implications of the ruling, highlighting the differences between the two offenses and the importance of protecting individual liberty.

The Context of the Ruling

In the judicial proceedings, A.A. was accused of harassing and threatening his former partner after the end of their relationship. The alleged conduct included sending offensive messages and disseminating sexually explicit images, both to the victim's children and to third parties. The Court of Appeal of Rome had confirmed the first-instance conviction, but A.A. subsequently appealed to the Court of Cassation, arguing that his conduct did not constitute the offenses for which he had been convicted.

The Court of Cassation reiterated that the unlawful dissemination of sexually explicit images constitutes an offense separate from the crime of stalking.

Differences Between Stalking and Revenge Porn

The core of the ruling lies in the distinction between the crime of stalking, provided for by Article 612-bis of the Italian Criminal Code (c.p.), and that of revenge porn, governed by Article 612-ter of the c.p. The crime of stalking occurs when there are persecutory acts that cause the victim a severe state of anxiety or fear. Conversely, the crime of revenge porn is committed by disseminating sexually explicit images without the consent of the person depicted, with the intent to cause harm.

• Stalking: persecutory behaviors, threats, and harassment.
• Revenge porn: dissemination of intimate images without consent.

Conclusions

The Cassation Court ruling, while confirming A.A.'s conviction, emphasizes the importance of differentiating between various types of offenses related to gender-based violence. The protection of individual liberty and the dignity of the victim must always be at the center of legal analysis. The Court drew attention to the need to ensure the protection of privacy and the physical and psychological integrity of individuals, especially in an increasingly digital context. This case represents an important precedent for Italian jurisprudence and a step forward in the fight against gender-based violence and privacy violations.