Italian court: Not a virgin? Sex crimes aren't as serious

Vampire Hunter D

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ROME, Italy (Reuters) -- Sexually abusing a teenager is less serious a crime if the girl is not a virgin, Italy's higher court said on Friday in a controversial ruling that immediately drew a barrage of criticism.

The court ruled in favor of a man in his forties, identified only as Marco T., who forced his 14-year old stepdaughter to have oral sex with him after she refused intercourse.

The man, who has been sentenced to three years and four months in jail, lodged an appeal arguing that the fact that his stepdaughter had had sex with men before should have been taken into consideration during his trial as a mitigating factor.

The supreme court agreed, saying that because of her previous sexual experiences, the victim's "personality, from a sexual point of view, is much more developed than what would be normally expected of a girl of her age".

"It is therefore fair to argue that (the damage for the victim) would be lower" if the abused girl was not a virgin, Italian news agencies quoted the court as saying.

This means the man could now be handed a lighter sentence.

News of the ruling immediately drew fire.

"I think we have gone back 50 years," said Maria Gabriella Carnieri Moscatelli, head of the Telefono Rosa association that helps sexually abused women.

"It is inconceivable that such a serious crime that ruins the life of a woman, irrespective of her age, might be considered in a different light depending on whether she is a virgin," she said.

Female politicians from across the political spectrum also strongly condemned the court's decision.

"This is a shameful, devastating ruling," said Alessandra Mussolini, grand-daughter of wartime fascist dictator Benito Mussolini. "The real problem is that there are no women in the supreme court."

Luana Zanella of the Greens opposition party called the court's arguments "abominable".

The supreme court is no stranger to controversial judgments.

In recent years it has ruled that "an isolated and impulsive" pat on a woman's buttocks at work did not constitute sexual harassment, and returned a verdict that a woman could not have been raped because she was wearing skin-tight jeans.
 
[quote name='Vampire Hunter D']"I think we have gone back 50 years," said Maria Gabriella Carnieri Moscatelli, head of the Telefono Rosa association that helps sexually abused women.[/QUOTE]
I guess that means that Italy is now approximately in the 18th or 19th century. I doubt they could have started in the 20th.
 
it's important to note the major difference between the north and south of Italy here; It's almost like night and day. Whereas the north is technically advanced and rich, the south is relatively poor and old-fashioned.

This is not to defend this action, however.
 
[quote name='Mike23']it's important to note the major difference between the north and south of Italy here; It's almost like night and day. Whereas the north is technically advanced and rich, the south is relatively poor and old-fashioned.

This is not to defend this action, however.[/QUOTE]
It's also important to note that a lot of Northern Italians also hold the South in contempt, and unlike in the US, there's a whole lot less capitulating to them.
 
I think we are missing some facts here.

The stepdaughter might have been having sex with older men already. The article says "men", but that could be using the word generally, I suppose.

Maybe the daughter had previously had sex with this man?

Maybe she was a prostitute?

Either way, I feel it is fair to take her previous relevant sexual actions into consideration. Also, how can you not believe that damage to a non-virgin would be lower than a virgin. Of course the rape of anyone may cause physical and mental distress, but honestly ask yourself which seems like it would cause more grief: rape of a woman who has never had sex or the rape of a women who has previously had sex with several men?
 
[quote name='Zing']I think we are missing some facts here.

The stepdaughter might have been having sex with older men already. The article says "men", but that could be using the word generally, I suppose.

Maybe the daughter had previously had sex with this man?

Maybe she was a prostitute?

Either way, I feel it is fair to take her previous relevant sexual actions into consideration. Also, how can you not believe that damage to a non-virgin would be lower than a virgin. Of course the rape of anyone may cause physical and mental distress, but honestly ask yourself which seems like it would cause more grief: rape of a woman who has never had sex or the rape of a women who has previously had sex with several men?[/QUOTE]
So shooting a guy who's been shot before should carry a lesser sentence? And maybe next time this girl gets raped the punishment should be community service because obviously getting raped a second time is less traumatic than getting raped the first time.
 
[quote name='Zing']I think we are missing some facts here.

The stepdaughter might have been having sex with older men already. The article says "men", but that could be using the word generally, I suppose.

Maybe the daughter had previously had sex with this man?

Maybe she was a prostitute?

Either way, I feel it is fair to take her previous relevant sexual actions into consideration. Also, how can you not believe that damage to a non-virgin would be lower than a virgin. Of course the rape of anyone may cause physical and mental distress, but honestly ask yourself which seems like it would cause more grief: rape of a woman who has never had sex or the rape of a women who has previously had sex with several men?[/QUOTE]

The court ruled in favor of a man in his forties, identified only as Marco T., who forced his 14-year old stepdaughter to have oral sex with him after she refused intercourse.

Why should anything else matter? Forced is forced.
 
[quote name='Zing']I think we are missing some facts here.

The stepdaughter might have been having sex with older men already. The article says "men", but that could be using the word generally, I suppose.

Maybe the daughter had previously had sex with this man?

Maybe she was a prostitute?

Either way, I feel it is fair to take her previous relevant sexual actions into consideration. Also, how can you not believe that damage to a non-virgin would be lower than a virgin. Of course the rape of anyone may cause physical and mental distress, but honestly ask yourself which seems like it would cause more grief: rape of a woman who has never had sex or the rape of a women who has previously had sex with several men?[/QUOTE]
So, should a guy get a lesser sentence if he murders a good for nothing person, like a hobo vs murdering a high profile person? Letting someone off with a slap on the wrist simply because the person or societ wasn't as affected had the circumstances been different totally defeats the purpose of justice.
 
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