International Criminal Court, Trial Chamber IX, 4 February 2021, The Prosecutor v. Dominic Ongwen
A UNODC case law analysis of the role of female victims of sexual exploitation in human trafficking related crimes
The issue of gender-based violence in recent years has characterized the public debate and the recent period of criminal law reform. The so-called conversion treatments, which we are discussing here, require dealing with the same topic from a different point of view. To what extent therapies aiming at modifying someone’s sexual orientation are to be considerate as legitimate? And which safeguards must a legal system put in place in order to protect rights such as freedom of self- determination, gender identity and the dignity of the individual in relation to such behaviours? The aim of the work is to address those questions, by looking at the experience gained in other legal systems traditionally close to ours, which teach us that, under certain conditions, criminal law must also play a role in the fight against those phenomenons.
Published the UNODC research brief on the impact of the Covid-19 pandemic on violence against women and gender-related violence
After having reconstructed the specific regulatory framework for the protection of women against acts of gender- based violence, the paper focuses on the effective deterrent capacity of the innovations introduced in the Italian criminal code by l. n. 119/2013 and l. n. 69/2019 (so-called Red code) as well as the possible case of "femicide"; or whether it is no longer profitable to enhance the path of prevention. Finally, it is taken into consideration, from a perspective of resocialization of the offender, the hypothesis of recourse to paradigms other than the punitive one, always integrated with it
About the decision of the Audiencia Provincial de Barcelona on the "Manda de Manresa" case
In the Spanish case of the so called "Manada de Manresa" case is questionable if one can be sentenced of a rape made without using violence or threat.
A survey of the Criminal Court of Milano case-law shows the inadequacy of the provision on domestic abuse under article 572 of the Italian Criminal Code with respect to domestic violence, especially between partners. The survey confirms, on the other hand, the strong role played by the victim in influencing the outcome of the criminal proceedings.