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Appeal Challenges Acquittal in Sexual Assault Case
A prosecutor appeals a court's acquittal in a sexual assault case, arguing that the victim's reaction time shouldn't determine the existence of the crime.
Italian
Italy
JusticeGender IssuesLawSexual AssaultCourt CaseAppeal
Milan Court Of AppealsSupreme Court Of CassationAssociazione Differenza Donna
Angelo RennaIvano ChiesaMaria Teresa Manente
- What are the details of the case that led to the initial acquittal?
- The case involves a union leader accused of assaulting a flight attendant. The initial acquittal was criticized as a setback for women's rights, and both the prosecutor and the victim's lawyer have appealed to the Supreme Court.
- What was the defense's argument regarding the accused's perception of consent?
- The defense argued that the union leader couldn't perceive immediate dissent and stopped when the alleged victim expressed her refusal. This argument is contrasted with the prosecution's claim of lack of consent, highlighting the central dispute.
- What specific aspect of the lower court's reasoning is the prosecutor challenging?
- The prosecutor's appeal argues that the victim's will is relevant and that the court wrongly prioritized reaction time over the presence of consent. The appeal cites conflicting arguments in the court's reasoning and lack of consideration for victim's statements.
- What is the main point of contention in the appeal against the Milan Court of Appeals' decision?
- The Milan Court of Appeals' decision to base the existence of sexual assault on the victim's reaction time is being challenged. The court's consideration of a 20-30 second timeframe as insufficient for a sexual assault charge is deemed inappropriate.
- How did the prosecutor argue against the lower court's focus on the brief duration of the alleged assault?
- The prosecutor contends that the court's focus on the brief duration of the alleged assault ignores the victim's testimony about feeling surprised and pressured. The court's failure to acknowledge these circumstances is a major point of contention.