‘Sexist and stereotypical’ ruling: the ECHR reprimands Italia

The European Court of Human Rights – in ruling against Italia on the grounds that the civil and criminal justice systems had taken too long to reach a decision in a case of domestic violence involving a French woman and her two children – found that the proceedings had failed to meet the requirements for a prompt, thorough and effective investigation, as required by the Convention, and condemned the conduct of the public prosecutor in Benevento, who in November 2021 had submitted a request to dismiss the case on ‘sexist and stereotypical’ grounds.

The prosecutor had, in fact, dismissed an incident – during which the woman’s partner, identified as G.P., allegedly held a knife to her throat – as a ‘joke in poor taste’ and had stated that it was difficult to prove that G.P. was aware that the woman had not consented to sexual intercourse, given that ‘it [was] normal for men to have to overcome a minimum level of resistance that every woman tended to put up when [she was] tired of everyday life and a man [made] sexual advances towards [her]’.

The Court found, in fact, that these grounds reflected ‘a sexist and stereotypical culture’ and shared the concerns expressed in a report by GREVIO (Group of Experts on Action against Violence against Women and Domestic Violence), according to which such stereotypes could lead victims of domestic violence ‘to suffer further (secondary) victimisation in the courtroom’.

In any event, following the woman’s objections, the public prosecutor’s request was rejected and further investigations were ordered. Overall, the Italian authorities failed to recognise the complex dynamics of domestic violence and did not provide a response proportionate to the seriousness of the allegations made by the woman and the children. In its judgment, the ECHR states that the investigation into the allegations made by the woman was ‘ineffective’, partly due to delays in the criminal proceedings, which ‘were neither prompt nor thorough’. On the civil front, the Court highlights that the juvenile court took more than three years to revoke the former partner’s parental responsibility and ignored the allegations of violence. The Court ruled that the State must pay the woman and her children 15,000 euros each for non-pecuniary damage, and a total of 15,000 euros for legal costs.

“For me, it’s a turning point, a new beginning; I feel like a phoenix rising from the ashes. But the greatest satisfaction comes from having won a battle on behalf of all women, so that a case like the one that turned my life upside down will never happen again.” These are the words of the woman who brought an appeal before the European Court of Human Rights against the Italian justice system after a public prosecutor in Benevento had filed a motion to dismiss her complaint regarding the abuse she suffered at the hands of her then partner.