L. 15 January 2021, n. 4 (Ratification and execution of the International Labor Organization Convention No. 190 on the Elimination of Violence and Harassment in the Workplace, adopted in Geneva on 21 June 2019 during the 108th session of the General Conference of the same Organization)
The GREVIO’s Evaluation Report on Italy: Where We Are in the Implementation of the Istanbul Convention
The contribution (in Italian language) analyses the assessment of the implementation of the Istanbul Convention in Italy by the Group of experts on Action against Women and Domestic Violence (GREVIO), focusing on critical issues and actions suggested to the Italian authorities to tackle with gender violence in a more effective way.
Sexual assoult against a minor, unconscious due to the use of alcohol and drugs: violence or sexual abuse? The Spanish case of the 'Manada de Manresa', in the perspective of an Italian scholar
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.
The judgment of the Navarra Superior Court of Justice, issued on 30 November 2018, concerns the appeals – filed by the defendants and by the Prosecutor – against the first instance judgment rendered by the Audiencia Provincial of the same region, on 20 March 2018, about the case of group sexual abuse perpetrated on 7 July 2016 known as "la Manada case". The Spanish Supreme Court of cassation will assess if rape occurred (the Prosecutor already announced an appeal against the second instance decision): in this "second chapter of la Manada case" a majority of three judges of the panel clearly concluded that a sexual abuse to the detriment of the victim took place, while the remaining two judges in their dissenting opinion strongly affirmed that a proper rape was perpetrated, so embracing the idea of background intimidation sustained by the victim's defence counsel as well as by the feminist movement since the very beginning of the criminal proceedings
The first instance judgment in re La Manada, still subject to judicial review and already discussed by prominent scholars in this blog, puts on the table the question of a possible reform of the sex crimes in Spain. In this post the author examines some reasonable, and some less reasonable, reform proposals.
In the early hours of 7 July 2016, five strong young men aged between 23 and 28 had sex with a 18 years old girl they had just met. This case arouse great social condemnation and an in-depth legal debate to understand if the girl agreed to have sex, or rather the five guys assaulted her and committed a group sex offence. Such facts induced the Spanish legislator to consider a reform of the criminal code, nowadays distinguishing between sex assault (by means of violence or threats under articles 178 and 179) and a less serious sex abuse (perpetrated without the said means, under article 181), similarly to the sex crime provided for by article 609-bis of the Italian criminal code.
The case "La Manada", a group sexual assault on a young woman during the Festival of San Fermin in Pamplona, triggered a huge debate about sex offences in Spain, as well as protests and feminist mobilisation. This paper analyses the facts and the legal reasoning of the first instance judgment, pointing out the reasons for a thorough reform of the crimes at issue.