Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Acts specifically directed against a gender
Contents for term
Recognition of international protection - Gender-based violence as one of the offences expressly envisaged for the purposes of granting refugee status - Acts specifically directed against a gender
Lawful dismissal in case of conviction for private violence and telephone harassment
The offence of sexual violence is committed even in the absence of physical contact with the victim - Sexual acts with a minor - Threats to coerce a minor into exchanging sexually explicit selfies and messages
Sexual violence and abuse of authority - Abuse of authority constitutes a position of supremacy to force the passive subject to perform or be subjected to sexual acts
Gang rape - Participation in gang rape video recording - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Family abuse – Family abuse is not committed in the case of a recently started relationship and occasional cohabitation
Attempted sexual violence - Relationship between the offence of persecutory acts and attempted aggravated murder - Circumstances such as to provoke a persistent state of anxiety in the victim and fear for her own safety and her relatives and cohabitants’ one, thus affecting her modus vivendi and the overall psychological state
Sexual violence - Bottom groping – Sexual violence is committed also in the case of insidiously rapid performance of the criminal action such as to surprise the victim and overcome her contrary will, thus making it impossible for her to defend herself
Stalking - Publication of merely mocking posts on a Facebook page accessible to anyone does not constitute persecutory acts and, if it falls within the limits of the legitimate freedom of thought and the right to criticism, it is legitimate - The state of anxiety engendered by invasive communications in the private sphere must be triggered for the crime of stalking to be established
Sexual violence and family abuse - Absorption of the offence of family abuse from the offence of sexual violence only when there is a full coincidence between the conduct, meaning that the damaging acts are exclusively aimed at and instrumental to the sexual violence
Sexual violence criminal offence - Failure to object to sexual intercourse with the spouse, during cohabitation, does not constitute an attenuating circumstance if it is proved that the offended party has suffered such intercourse as a result of the violence and threats repeatedly made against her
Persecutory acts – Family abuse - Absorption of the offence of persecutory acts into the offence of ill-treatment even when cohabitation has ceased depending on the nature of the relationship between the defendant and the injured party
Death of sixty people among which twenty children and forty women constituting the majority of the city's low-income workers in the explosion of a fireworks factory – Gender stereotypes nurturing the division of labor pushing women to turn to fireworks industry – State's failure to regulate, supervise and address the factory's unsafe working conditions – Violation of the right to an effective remedy, to life, to personal integrity, to judicial protection, to equality in the enjoyment of health safety, children rights and non-discrimination in general
Judge Rapporteur: Gender-based violence, discrimination against women, intersectionality
Dissenting / Concurring: Ferrer Mac-Gregor Poisot / Vio Grossi / Sierra Porto / Pérez Manrique / Pazmiño Freire
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Alternative medicine practitioner, osteopathy - Patient's consent required if medical treatment is invasive of the sexual sphere - Sexual violence committed where the patient has not been informed in advance
Relationship between the offence of aggravated murder and persecutory acts - Offence of persecutory acts not absorbed by that of aggravated murder
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Gang rape - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence - The prior agreement of the participants is not required in gang rape offence
Sexual violence criminal offence - Possibility of deeming ‘unconventional’ sexual acts to be lawful insofar as they take place with the consent of the participants throughout their duration
The offence of sexual violence is committed in the case of sudden embrace involving physical contact between the bodies, including the genitals, and lateral touching of the breasts - Offence of sexual violence and mitigating circumstances - Inability to counter