European court condemns Italy over 'sexist' prosecutor in domestic violence case

The European Court of Human Rights (ECHR) has ruled against Italy, finding that the country's justice system failed to provide a timely and effective response in a domestic violence case involving a French national and her two children. The court determined that the proceedings did not meet the requirements of a prompt, thorough, and effective investigation as mandated by the European Convention on Human Rights.

A key point of contention was a prosecutor's request in November 2021 to dismiss the case. The ECHR strongly condemned the prosecutor's reasoning, describing it as "sexist and stereotyped." The prosecutor had characterized an incident where the woman's partner allegedly held a knife to her throat as a "bad taste joke." Furthermore, the prosecutor suggested it was difficult to prove the partner's awareness of non-consent, implying that men sometimes need to overcome a woman's resistance when making sexual advances.

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For me it is a turning point, a new beginning, I feel like a Phoenix reborn from the ashes. But the greatest satisfaction is having won a battle in the name of all women, so that a case like the one that had shaken my life is never repeated.

The ECHR agreed with concerns raised by GREVIO (Group of Experts on Action against Violence against Women and Domestic Violence), stating that such stereotypes could lead to secondary victimization of domestic violence survivors in court. Although the woman's objections led to the rejection of the prosecutor's request and further investigations, the court found that Italian authorities failed to recognize the complexities of domestic violence and did not respond proportionally to the severity of the reported facts.

In its ruling, the ECHR highlighted that the investigation was "ineffective" due to delays in the criminal proceedings, which were neither prompt nor thorough. On the civil side, the juvenile court took over three years to revoke the ex-partner's parental responsibility, ignoring the violence allegations. Consequently, Italy was ordered to pay €15,000 each to the woman and her children for moral damages, and an additional €15,000 for legal costs. The woman, Audrey Ubeda, described the ruling as a "turning point" and a "new beginning," expressing hope that it would prevent similar cases in the future.

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sexist and stereotyped