Domestic Abuse and Sexual Violence: Analysis of the Judgment Cass. pen. No. 7590/2020

The judgment of the Court of Cassation No. 7590 of 2020 represents an important ruling regarding domestic abuse and sexual violence. The Court upheld the conviction of a man for perpetrating violence against his wife and minor children, establishing relevant legal principles concerning the credibility of the victim's statements and the cultural context in which the events occurred.

The Context of the Judgment

The Court of Appeal of Bologna had confirmed the conviction of the Court of Ferrara, imposing on the defendant a sentence of eight years and one month of imprisonment. The Court found that the defendant had forced his spouse to live a life of violence and humiliation, with negative repercussions also on the minor children. The judgment is based on a robust body of evidence that included the victim's statements, supported by medical reports and testimonies.

The Court stated that the credibility of the victim is a question of fact that cannot be challenged at the legitimacy level, except in cases of manifest illogicality.

Underlying Legal Principles

  • The assessment of the victim's credibility must consider personal and cultural conditions.
  • The crime of sexual violence can be configured even in the absence of physical resistance, if there is a context of coercion.
  • The cultural context cannot justify behaviors that infringe upon fundamental rights, such as physical integrity and sexual freedom.

The Court clarified that the fundamental rights of the individual, as enshrined in the Constitution, cannot be subordinated to cultural customs. Criminal responsibility must be applied uniformly, regardless of the defendant's cultural background.

Conclusions

The judgment Cass. pen. No. 7590/2020 reiterates the importance of protecting victims of domestic violence, establishing that the culture of origin cannot serve as an excuse to justify violent acts. The Court's focus on the credibility of evidence and the seriousness of the crimes committed represents a significant step towards fairer justice for victims of violence.

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