Domestic Abuse and Sexual Violence: Analysis of Judgment Cass. pen. no. 7590/2020
The judgment of the Court of Cassation no. 7590 of 2020 represents an important ruling on domestic abuse and sexual violence. The Court confirmed the conviction of a man for perpetrating violence against his wife and minor children, establishing relevant legal principles concerning the credibility of the victim's statements and the cultural context in which the events took place.
Context of the Judgment
The Court of Appeal of Bologna had confirmed the conviction by the Court of Ferrara, imposing a sentence of eight years and one month of imprisonment on the defendant. The Court held that the defendant had subjected his wife to a life of violence and humiliation, with negative consequences also for the minor children. The judgment is based on a robust body of evidence including the victim's statements, supported by medical reports and testimonies.
The Court stated that the credibility of the victim is a question of fact not subject to review by the Court of Cassation, except in cases of manifest illogicality.
Underlying Legal Principles
- The assessment of the victim's credibility must consider personal and cultural conditions.
- The crime of sexual violence can occur even in the absence of physical resistance, if there is a context of coercion.
- The cultural context cannot justify behavior that infringes upon fundamental rights, such as physical integrity and sexual freedom.
The Court clarified that the fundamental rights of the individual, as enshrined in the Constitution, cannot be subordinated to cultural customs. Criminal responsibility must be applied uniformly, regardless of the defendant's cultural background.
Conclusions
Judgment Cass. pen. no. 7590/2020 reiterates the importance of protecting victims of domestic violence, establishing that the culture of origin cannot be an excuse to justify violent acts. The Court's focus on the credibility of evidence and the seriousness of the committed crimes represents a significant step towards a fairer justice for victims of violence.
