European Court of Human Rights Orders Compensation
The European Court of Human Rights (ECHR) has mandated that the Italian state compensate a woman whose repeated rape allegations against her partner were dismissed by a prosecutor who described such behavior as “normal” for men who face resistance from “tired” women.
The court found that the prosecutor’s comments perpetuated “sexist stereotypes” and minimized the severity of gender-based violence, which led to further victimization of the woman.
Additionally, the ECHR ruled that the prosecutor, and by extension the Italian justice system, failed to conduct a prompt, thorough, and effective investigation as required in cases involving domestic abuse.
Details of the Case and Prosecutor’s Remarks
The ruling did not specify the prosecutor’s gender; however, Audrey Ubeda, the French citizen who brought forward the allegations against her former partner, expressed her “shock” upon learning that the prosecutor was a woman.
The case originated in April 2021 when Ubeda, residing with her Italian partner in the Avellino area of southern Italy, filed a police complaint alleging physical and psychological abuse directed at her and their two children. The allegations included multiple instances of rape, an incident where the partner held a knife to her throat in front of two witnesses, and threats implying her case would be publicized similarly to other femicides.
Later that year, the prosecutor overseeing the investigation requested dismissal of the case. The prosecutor characterized the knife incident as “a bad joke” and described the physical discipline of the children as within parental authority, not constituting abuse.
Regarding the rape allegations, the prosecutor stated it was difficult to determine whether rape had occurred because the man might not have been aware of his partner’s lack of consent. The prosecutor justified this by stating:
“Considering that it is normal for men to have to overcome a minimum level of resistance that every woman tends to display when she is tired from daily life and a man makes a sexual advance.”
This request for dismissal was ultimately denied, leading to the assignment of a new prosecutor. The accused man was tried and sentenced to four and a half years in prison by a court of first instance; however, he remains free while appealing the verdict.
Compensation and Impact on the Victims
The ECHR ordered Italy to pay approximately €60,000 (£51,000) to Ubeda and her two children, who had lived in a shelter for three years. The court found that Italian authorities violated the “prohibition of inhuman and degrading treatment” towards victims of domestic violence by failing to implement adequate protective measures, such as providing a family home or approving their request to relocate to France.
In recent interviews with the Italian press, Ubeda described the ruling as “a vindication” and “a victory for all women.” She told La Repubblica:
“When my lawyer explained that a magistrate had exonerated my ex by invoking the image of a man who must overcome a woman’s resistance to have sex, I felt wounded all over again. I was shocked to then learn that those words had come from a female prosecutor.”
