25 November

'We are becoming accustomed to violence against women, hiccup indignation is not enough'

The President of the Court of Milan, Fabio Roia, denounces the risk of 'habituation' to violence and explains why the new law on consent is important: it introduces a principle aimed at men and will help women not to be re-victimised

by Chiara Di Cristofaro

Il presidente del Tribunale di Milano, Fabio Roia

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Every 25 November, the risk is that of counting the number of women victims of feminicide and then turning the page, without being able to link those facts to the structural phenomenon that our society is unable to eradicate. "We risk habituation," says Fabio Roia, president of the Court of Milan, a magistrate who has always been committed against violence against women and one of the leading experts on the subject, who has just published 'Mai più cosa vostra' (Never again your own thing) with lawyer Ilaria Ramoni.

President Roia, are we getting used to violence against women and feminicides?

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We are experiencing a risk of social habituation as if it were a phenomenon we have to live with. The reasons stem from the fact that despite the many laws enacted violence does not seem to stop, not realising that the numbers are increasing because the phenomenon is emerging. The real problem remains the undeclared and the absence of statistical surveys to quantify it. Femicides must be fought through a social mobilisation that sees them as mafia crimes based on a patriarchal relationship. What is needed is constant indignation, not hiccups, and an understanding that violence against women is a problem that affects everyone.

What is not working in the women's protection system?

The main problem remains the assessment of the risk of social dangerousness of the man who acts violence and the adoption of a measure that limits his personal freedom appropriately. It is a question of refining skills and professionalism on this issue also with the rigorous application of partially validated protocols that indicate risk factors. I am thinking of the SARA or SARA plus method. Not all judicial offices are prepared on this point.

What do you advise people who notice or become aware of a violent situation to do? Can those who witness it also denounce it?

If there is a situation of violence, it is imperative to talk to specialised workers. I am thinking of the anti-violence centres that ensure anonymity, secrecy, and competence and that can study with the woman a support pathway to get out of the violent relationship also by resorting to the numerous protection instruments that exist in the civil (protection orders), administrative (prevention measures issued also by the Questore) and penal sphere. Reporting is not automatic because the centre workers are not obliged to do so. The persons close to the woman who does not want to denounce must report situations of violence to the Police Headquarters, which can decide whether to issue a warning or to involve the Public Prosecutor's Office, guaranteeing the anonymity of the reporter. A civil conscience is needed.

Is there a violence alarm among minors?

Certainly yes. The numbers of the Milan Court tell us that young adults (18-41 years old) commit gender-oriented crimes (sexual violence, mistreatment, persecutory acts) in 62% of the trials held, with an upward trend compared to the previous year. Violence against women remains a mark of diseducation and domination even among young people. It is patriarchy that still wins as a model in relationships and society.

How do you rate the Consent Decree already unanimously approved by the House?

In the meantime it is fundamental because it brings us into line both with the legislation of the most advanced countries in Europe, where there is no sexual violence based on the absence of a woman's free consent, and with the Istanbul Convention. But beyond these technical-legal considerations, I think it is an act of civilisation that can have a knock-on effect, because it introduces a principle addressed to the man: either you verify that there is full and free consent before and during the act or you must refrain from demanding sexual intercourse. This twill also help women in criminal trials, because it will avoid, for example in cases of abuse of physically inferior conditions, resulting from the transient use of alcoholic or narcotic substances, all those questions, even embarrassing ones, that are still asked today about women's sexuality and morality, which are already prohibited by Law 66/1996.

Is there a need for political unity on these issues?

Absolutely yes, it was a good page. There cannot be opposition, there must be a union of political civilisation, as there was in 1996 when rape was recognised as a crime against the person and no longer against public morality. This consent law, like that one, is an innovative law, which will also help to avoid secondary victimisation

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