Ancona’s Court of Appeal overturns a controversial acquittal in a rape case that caused national outrage over victim-blaming in Italy’s justice system. The case involved a 17-year-old girl and a 25-year-old man, who was accused of sexually assaulting her in 2019 near Macerata, in the Marche region.
On Tuesday, the appeal court overturns the controversial acquittal and sentenced the man to three years in prison. He was previously cleared him on the grounds that the victim “should have known what might happen” because she had previously had sexual relations.
Outcry over victim-blaming
The original decision, delivered by a court in Macerata, provoked widespread anger among women’s rights groups, lawmakers and public commentators. Judges had written that the teenager “had already had intercourse, so she was able to imagine the possible developments of the situation,” implying that her prior sexual experience meant she could anticipate being assaulted.
The reasoning was widely condemned as reinforcing harmful stereotypes about women and consent. Reports of the ruling prompted demonstrations and renewed calls for reforming Italy’s sexual violence laws.
According to the victim’s account, the assault occurred after she and the man were left alone in a car in a secluded area when another couple exited the vehicle. She said the man pinned her down by the shoulder, leaving bruises that healed within a week, and raped her.
The defence maintained that the sexual act had been consensual, claiming that the girl neither resisted nor called for help. Judges in the original trial accepted that argument, stating she could have escaped by opening the car door. The teenager, however, consistently said she had tried to push the man away and had not consented. She later confided in friends and a teacher, who accompanied her to hospital and helped her file a police report.
Reactions to original ruling
The case became a flashpoint in Italy’s ongoing debate about sexual consent. Laura Boldrini, an MP with the centre-left Democratic Party and former UNHCR spokeswoman, was among those who denounced the Macerata ruling. Boldrini, who has proposed a bill to define consent explicitly in Italian law, said the judgment “echoed a mentality that excuses violence and blames victims.”
Following Tuesday’s appeal ruling, women’s organisations welcomed the Ancona court’s decision as “a necessary correction” and a signal that the justice system must evolve to reflect modern understandings of sexual autonomy and consent.
Lawyers for the defendant have said they plan to appeal the conviction to Italy’s Supreme Court of Cassation, the country’s highest court.
