Sexual violence committed even if the violence is not brutal and aggressive – Sexual violence act even exclusively as a functional and limited pretension of the sexual act itself – Kissin is a sexual act
Contents for term
Sexual violence committed even if the violence is not brutal and aggressive – Sexual violence act even exclusively as a functional and limited pretension of the sexual act itself – Kissin is a sexual act
Killing of a young African descent woman and impunity of the perpetrator due a broad application of the parliamentary immunity - Gender stereotypes employed by domestic authorities to the detriment of the victim - Violation of the right to equality before the law, to judicial protection, and to be free from discrimination
Article 3 and Article 8 - Authorities breaching procedural positive obligations as to enforcement of sentence for sexual assault after offender’s amnesty granted then revoked
Extrajudicial killing of two women and forced disappearance of two men - Ineffective investigations - Violation of the right to personal integrity and to judicial protection
Dissenting / Concurring: Sexual violence, discrimination against women, ineffective investigations, disappearance
Violation of the right to free legal assistance due to the state's failure to ensure it to the applicant serving a sentence of thirty years imprisonment for the offence of rape
Gender-based violence - Legal aid in criminal proceedings - Alleged violation of the principle of equal treatment and the right to judicial protection
Family abuse - Insulting, denigrating and violent behaviour leading to a constant climate of tension and fear within the domestic environment - Failure to object to sexual intercourse with one's spouse for fear of even more detrimental consequences does not constitute a mitigating factor
Sexual violence criminal offence - For the aggravating circumstance referred to in Article 609 ter(1)(2) of the criminal code to be applicable, the use of alcoholic or narcotic substances must depend on a giving carried out or facilitated by the defendant and whose purpose must be the performance of sexual acts
Sexual violence criminal offence - Deposition of the offended person in the current procedural system - Subjective credibility and reliability of the narration
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
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
Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection
Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education
Article 4 (Positive obligations/Effective investigation/Trafficking in human beings) - Failure to hold effective investigation into allegation of human trafficking and exploitation of prostitution
Dissenting / Concurring: Turković / O’Leary, Ravarani / Pastor Vilanova / Serghides