Milan, the rapist’s sentence reduced: for the judges the victim was “too casual”



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He had kidnapped her one night in his caravan, beaten and raped her until the police, alerted by her daughter, arrived at 7 in the morning, and for these crimes he was sentenced in the Monza court in an abbreviated 5-year rite. That now in Milan the Court of Appeal lowers it to 4 years and 4 months with a verdict in which, more than the presentation of the sentence itself, highlights the motivation: namely, the idea that, in a “family context degraded “and” characterized by anomalies such as the woman’s relationships with other men, “the intensity of the willful misconduct of these three crimes is tempered by the fact that the” meek “man was” exasperated by the too casual behavior of the woman “behavior” that she had had passively suffered up to that moment ».

Shortly before midnight on June 8, 2019 in Vimercate (Monza), the 63-year-old Romanian defendant, insulting and insulting the 43-year-old partner whom she “accused of treason with men she met on Facebook,” the threat to death, points a knife at her face, grabs her hand and throws the cell phone on the ground, hits her with a wooden table, hits her in the face and left eye while she yells “please stop”, the slaps with an open hand, hits her more on the chin and back “so hard she can’t breathe”, drags her by the hair and throws her on the bed. She begs him to let her go, he responds “This way you won’t get out alive”, she begs him not to rape her, but he attacks her and forces her to perform sexual acts.

The Milan Court of Appeal shares with the Monza first instance judges the existence of “solid and truly consolidated evidence” and the legal veracity of the seizure charge. The appeal, on the other hand, wrote the reporter judge Francesca Vitale together with the president Marco Maria Maiga and her colleague Elena Minici, “can be accepted in a limited way” to the “complaint” of.“Excessive sanctioning treatment”. Coinciding with the defender Mónica Sala in taking into account the “family and social context”, for the judges “it should be remembered” that this context “was characterized by anomalies such as the woman’s relationships with other men, almost favored by the accused. O in any case not to get in the way “until” she became pregnant by another subject. “

In addition, the defensive acts on the road traveled in prison, “It follows” that the accused is “a meek subject and perhaps exasperated by the too carefree behavior of the partner, whom he had suffered passively until that moment.” Which one, “If it certainly does not diminish the responsibility”, for the judges “it is nevertheless an indication of a low intensity of malice, and the degradation in which the couple lived ».

September 18, 2020 | 07:01

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