Commentary on Judgment No. 32149 of 2024: Reflections on Enslavement and Sexual Violence

Judgment No. 32149 of May 22, 2024, offers significant food for thought on the sensitive issues related to crimes against persons, particularly regarding enslavement and sexual violence. This case, which involved V. P. and M. C., focused on the issue of concurrent offenses and the principle of specialty, providing crucial clarifications for Italian jurisprudence.

The Offense of Enslavement and Sexual Violence

The core of the judgment is the assertion that the offense of reducing someone to servitude, when carried out through violence and threat, cannot concur with the offense of sexual violence. This principle is based on the recognition that enslavement already contains all the constituent elements of sexual violence, with the addition of a further requirement of continuous subjugation.

ENSLAVEMENT - Reduction to servitude with coercion into sexual relations - Offense of sexual violence - Concurrent offenses - Exclusion - Absorption - Existence - Reasons. The offense of reducing to servitude, carried out through violence and threat, compelling the victim to sexual acts, cannot concur, by the principle of specialty, with that of sexual violence as defined in relation to the same conduct, as it contains all the constituent elements of the latter, as well as, as a specialising element, the further requirement of reduction to a state of continuous subjugation.

This position is in line with the legislative references provided by the Italian Penal Code, particularly Articles 600 and 609 bis, which respectively govern enslavement and sexual violence. The Court emphasized that, according to the principle of specialty, the more specific offense absorbs the less specific one, thus avoiding a duplication of criminal liability.

Implications of the Judgment

• Clarifies the distinction between enslavement and sexual violence.
• Reiterates the importance of the principle of specialty in criminal law.
• Provides a legal basis for the absorption of offenses in cases of overlapping conduct.

The judgment represents an important affirmation of Italian jurisprudence, which not only protects the rights of victims but also establishes a significant precedent for future cases of violence and exploitation. The Court has demonstrated particular attention not only to the protection of victims but also to the correctness in the legal qualification of illicit conduct.

Conclusions

In conclusion, Judgment No. 32149 of 2024 offers an important interpretation of the norms concerning enslavement and sexual violence, clarifying the relationship between them. This ruling not only strengthens the principle of specialty in criminal law but also underscores the importance of an adequate legal response to such serious and complex crimes. Jurisprudence continues to evolve, responding to the challenges posed by violence and exploitation, and this judgment is a significant example of that.