European court orders Italy to pay compensation over 'normal' rape comments

The European Court of Human Rights (ECHR) has ruled that Italy must pay compensation to a woman whose rape allegations were dismissed by a prosecutor with remarks that described overcoming a woman's resistance as 'normal' for men when women are 'tired'. The court found that these statements perpetuated 'sexist stereotypes' and downplayed gender violence, leading to further victimisation of the woman.

The ECHR also determined that the prosecutor, and by extension the Italian justice system, failed to conduct a prompt, thorough, and effective investigation into the domestic abuse case, as required by law.

The case originated in April 2021 when Audrey Ubeda, a French national living in southern Italy, filed a complaint against her then-partner. She alleged physical and mental abuse, including multiple rapes and threats with a knife. Later that year, the prosecutor handling the case requested its dismissal, referring to the knife incident as a 'bad joke' and suggesting the physical violence against their children was merely disciplinary. Regarding the rape allegations, the prosecutor suggested it was difficult to ascertain consent, stating it was 'normal for men to have to overcome a minimum level of resistance that every woman tends to display when she is tired'.

Although the prosecutor's gender was not specified in the ruling, Ubeda expressed shock upon learning it was a female prosecutor who made these remarks. The initial request for dismissal was eventually denied, and a new prosecutor was assigned. The accused man was subsequently sentenced to four and a half years in prison by a court of first instance, though he is currently free pending an appeal.

The ECHR ordered the Italian state to pay approximately €60,000 (£51,000) to Ubeda and her two children, who had resided in a shelter for three years. The court ruled that Italian authorities had violated the 'prohibition of inhuman and degrading treatment' towards domestic violence victims, including failing to provide adequate support measures like assigning a family home or authorising their relocation to France.

Ubeda described the ruling as a 'vindication' and a 'victory for all women', stating that the prosecutor's words had wounded her anew.