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NewsEuropean Court of Human Rights Convicts Italy for Sexist Remarks by Prosecutor in Domestic Violence Case
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The European Court of Human Rights has convicted Italy for shortcomings in handling a domestic violence case involving Audrey Carmen Manuela Ubeda, a French citizen living in Italy. The ruling, issued on July 2, found that Italian proceedings did not meet the requirements of a rapid, thorough, and effective investigation as required by the European Convention on Human Rights.
Ubeda reported her former partner, the father of her two children, to the authorities in April 2021, accusing him of repeated physical and psychological violence against her and the children. About a month after the report, she and her children were placed in a protected facility, where they remained until July 2024.
The Court also criticized statements made by a prosecutor from the Benevento Public Prosecutor's Office, who in November 2021 requested that the case be closed. In the archiving request, the prosecutor described an episode in which the man allegedly held a knife to the woman's throat as a "bad joke." Regarding the allegations of sexual violence, the prosecutor wrote that it is "normal that men must overcome a minimum level of resistance that every woman tends to manifest when she is tired of daily life and a man makes sexual advances."
According to the European Court, these statements "reflect a sexist and stereotyped culture," contributing to what the Court identified as investigative delays and secondary victimization.
Audrey Ubeda later found support from a second prosecutor, Maria Colucci, who conducted a more thorough investigation. In June, the former partner was convicted at first instance to four and a half years in prison. Ubeda filed her complaint with the European Court in 2024, while still living in the protected facility.
In statements reported by the press, Ubeda described the ruling as a personal victory and expressed hope that no woman would again have to face such words written by a magistrate.