Sexual Violence and Mitigating Circumstances: Analysis of Judgment No. 35303 of 2023

Judgment No. 35303 of May 30, 2023, filed on August 22, 2023, has sparked widespread debate in legal circles, particularly regarding the issue of mitigating circumstances in cases of sexual violence committed by a teacher against students. The Court of Cassation, with this ruling, addressed a sensitive topic, clarifying that the recognition of the mitigating circumstance of the lesser gravity of the act can also be applied in such critical contexts.

The Context of the Judgment

The case examined by the Court involved a teacher accused of sexual violence within a school institution. The defense argued that, despite the gravity of the action, the mitigating circumstance under Article 609-bis, paragraph three, of the Criminal Code could be considered. This article provides for the possibility of recognizing a lesser gravity of the act even in particularly serious situations, such as those involving abuse of authority.

Mitigating circumstance of the lesser gravity of the act - Acts committed by the teacher within a school institution - Recognition - Possibility - Existence - Reasons. In the context of sexual violence, the fact that the crime is committed by a teacher, within a school institution, to the detriment of students, is not an obstacle to the recognition of the special mitigating circumstance of the act of lesser gravity pursuant to art. 609-bis, paragraph three, of the Criminal Code, given that the abuse of authority has already been considered by the legislator as an element integrating the criminal offense, as well as for the purpose of ex officio prosecution of the crime.

Legal Implications

The Court clarified that, although sexual violence by a teacher is a serious offense requiring particular attention, this does not preclude the possibility of recognizing a mitigating circumstance. This approach is based on the interpretation that abuse of authority is already provided for as an aggravating factor by the legislator, which leads to an interesting reflection on how to judge similar cases.

• Abuse of authority as an aggravating factor
• Possibility of sentence reduction
• Relevance of the school context

Conclusions

The ruling of the Court of Cassation highlights a crucial aspect of criminal law: the need to balance the gravity of the offense with the specificity of the circumstances in which it occurs. Although sexual violence is a serious crime in itself, the assessment of mitigating circumstances can lead to different outcomes depending on the context. It is essential for legal professionals to bear these nuances in mind, especially in cases involving authority figures such as teachers. Judgment No. 35303 of 2023 therefore represents a reference point for future decisions on the matter.