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Italian court fined for ‘perpetuating sexist stereoypes’ in rape case ruling

Europe's top rights court on Thursday criticised an Italian court for "playing down gender-based violence" after its ruling on a gang rape case referred to the alleged victim's sexuality, behaviour, and the colour of her underwear.

Italian court fined for 'perpetuating sexist stereoypes' in rape case ruling
The inscription "Justice" written in Latin is pictured on the facade of an Italian courthouse. Photo: Miguel MEDINA/AFP

The woman had accused seven men of attacking her in a car after a party in 2008 when she was a student. She said she was drunk at the time.

An appeals court in Florence in 2015 overturned the convictions of six of the men, citing inconsistencies in the woman’s account of the alleged attack.

The European Court of Human Rights did not challenge that verdict but considered whether the wording of the judgement violated the woman’s right to privacy, enshrined in the European Convention on Human Rights.

READ ALSO: Anger in Italy as men cleared of rape because victim was ‘too masculine’

Concluding that her right to privacy had been violated, the ECHR said the “language and arguments” used by the Italian court “conveyed prejudices existing in Italian society regarding the role of women”.

“In particular, the Court considered the references to the red underwear ‘shown’ by the applicant in the course of the evening to be unjustified, as were the comments regarding her bisexuality, relationships and casual sexual relations prior to the events in question.”

The Strasbourg court also took issue with the Florence court’s referral to the woman’s “ambivalent attitude towards sex” and the questions it raised around the woman’s role in a film made by one of her alleged attackers before the alleged rape.

READ ALSO: Almost half of Italian women report suffering sexual harassment

The ECHR said it was crucial that courts “avoided reproducing sexist stereotypes” or “playing down gender-based violence and exposing women to secondary victimisation by making guilt-inducing and judgmental comments”.

It ordered the Italian state to pay the woman 12,000 euros ($14,600) in compensation.

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CRIME

Italy has most recovery fund fraud cases in EU, report finds

Italy is conducting more investigations into alleged fraud of funds from the EU post-Covid fund and has higher estimated losses than any other country, the European Public Prosecutor's Office (EPPO) said.

Italy has most recovery fund fraud cases in EU, report finds

The EPPO reportedly placed Italy under special surveillance measures following findings that 179 out of a total of 206 investigations into alleged fraud of funds through the NextGenerationEU programme were in Italy, news agency Ansa reported.

Overall, Italy also had the highest amount of estimated damage to the EU budget related to active investigations into alleged fraud and financial wrongdoing of all types, the EPPO said in its annual report published on Friday.

The findings were published after a major international police investigation into fraud of EU recovery funds on Thursday, in which police seized 600 million euros’ worth of assets, including luxury villas and supercars, in northern Italy.

The European Union’s Recovery and Resilience Facility, established to help countries bounce back from the economic blow dealt by the Covid pandemic, is worth more than 800 billion euros, financed in large part through common EU borrowing.

READ ALSO: ‘It would be a disaster’: Is Italy at risk of losing EU recovery funds?

Italy has been the largest beneficiary, awarded 194.4 billion euros through a combination of grants and loans – but there have long been warnings from law enforcement that Covid recovery funding would be targeted by organised crime groups.

2023 was reportedly the first year in which EU financial bodies had conducted audits into the use of funds under the NextGenerationEU program, of which the Recovery Fund is part.

The EPPO said that there were a total of 618 active investigations into alleged fraud cases in Italy at the end of 2023, worth 7.38 billion euros, including 5.22 billion euros from VAT fraud alone.

At the end of 2023, the EPPO had a total of 1,927 investigations open, with an overall estimated damage to the EU budget of 19.2 billion euros.

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