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BackJudges on '30 seconds' case, 'sexual violence is independent of time'

Judges on '30 seconds' case, 'sexual violence is independent of time'

NEWS

ANSA Cronaca4 hours agoLaw1 min readItaly

Judges on '30 seconds' case, 'sexual violence is independent of time'

Quick Look

The Court of Appeal of Milan justified the conviction of a former trade unionist for sexual violence against a hostess, reiterating that the abuse is independent of duration and that surprise or disorientation do not constitute consent.

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Why It Matters

The Milan Court of Appeal has filed the reasons for the one year and 2 month sentence for a former trade unionist in the case known as the "30 seconds".

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There is "the burden of ascertaining the existence" of consent and "the law does not provide for a minimum threshold for the duration" of sexual violence which "is independent of time". If the victim is caught "by surprise", rapid action integrates the abuse by preventing dissent from being expressed. And the "disbelief and the delay of a few seconds in the verbal reaction do not express consent", but "passive defense" and "disorientation, completely compatible with the trauma suffered".

The Court of Appeal of Milan writes this in justifying the sentence of one year and 2 months to a former trade unionist for violence against a hostess in the second degree bis of the well-known "30 seconds" case.

Open Questions

Will there be an appeal to the Supreme Court?

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This article was originally published by ANSA Cronaca.