Libertà sessuale e blue-jeans

Translated title of the contribution: [Autom. eng. transl.] Sexual freedom and blue jeans

Marta Bertolino

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The comment takes into consideration a ruling by the Supreme Court which has aroused particular attention among the media, due to the statement that, with reference to the manner of conduct typical of the crime of sexual violence, blue jeans could not be paraded without the consent of the victim, thus excluding the existence of the crime. A few preliminary remarks concerning the legal asset protected by the new provisions introduced by the law n. 66 of 1996 and referred to some models of foreign legal systems in which the reorganization of sexual crimes according to the general good of the person had already occurred, the Author retraces the arguments made by the Court in the sentence, which seems to ignore the requests for protection of the person who have led to the reform. Critical observations are also developed in the light of empirical-experimental research on the use of violence and threat in the context of crimes against sexual freedom. From these studies it emerges that the consent of the victim to sexual intercourse cannot be deduced directly from the fact that the victim has not opposed an effective resistance to the aggressor, owing the concept of "violence" to be understood in a broader sense than to mere physical constraint.
Translated title of the contribution[Autom. eng. transl.] Sexual freedom and blue jeans
Original languageItalian
Pages (from-to)694-710
Number of pages17
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 1999

Keywords

  • Attendibilità delle dichiarazioni della persona offesa
  • Delitti contro la libertà sessuale

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