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Rape a lesser offense in Italy if you’re not a virgin
Posted by: McQ on Saturday, February 18, 2006

Amazing what passes for reason in some regions of the world. This, from supposedly "enlightened" Italy:
Sexually abusing a teenager is less serious a crime if the girl is not a virgin, Italy's higher court said on Friday in a controversial ruling that immediately drew a barrage of criticism.

The court ruled in favor of a man in his forties, identified only as Marco T., who forced his 14-year old stepdaughter to have oral sex with him after she refused intercourse.

The man, who has been sentenced to three years and four months in jail, lodged an appeal arguing that the fact that his stepdaughter had had sex with men before should have been taken into consideration during his trial as a mitigating factor.

The supreme court agreed, saying that because of her previous sexual experiences, the victim's "personality, from a sexual point of view, is much more developed than what would be normally expected of a girl of her age".

"It is therefore fair to argue that (the damage for the victim) would be lower" if the abused girl was not a virgin, Italian news agencies quoted the court as saying.
The fact that it was a rape of a minor is apparently much less important than the fact that she wasn't a virgin.
"I think we have gone back 50 years," said Maria Gabriella Carnieri Moscatelli, head of the Telefono Rosa association that helps sexually abused women.

"It is inconceivable that such a serious crime that ruins the life of a woman, irrespective of her age, might be considered in a different light depending on whether she is a virgin," she said.
Actually, per the article this isn't anything particularly new for the Italian Supreme Court. It appears they've been living in the past for quite some time:
The supreme court is no stranger to controversial judgments.

In recent years it has ruled that "an isolated and impulsive" pat on a woman's buttocks at work did not constitute sexual harassment, and returned a verdict that a woman could not have been raped because she was wearing skin-tight jeans.
One wonders if these sorts of rulings will be cited in the future by SCOTUS Justice Kennedy. [/snark]
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Previous Comments to this Post 


As for that sexual harassment thing:
Remember, nothing says ’good job’ like a firm, open-palm slap on the behind.
- Family Guy
Written By: OrneryWP
URL: http://
I heard a pundit on the radio talk about Honor Based societies vs. Right & Wrong Based societies. For example, pre-WWII Japan followed its Emperor into war because its honorable to follow the Emporer and serve the nation. Whether the war was right or wrong didn’t matter. The discussion laid the groundwork for a contrast between Western nations and Islamic nations. The furor over the cartoons is because the honor of Mohammad and Islam has been insulted. A measured response doesn’t matter since their honor has been impuned. This is why in some areas of the Middle East fathers will kill their daughters if they’ve been caught having premarrital sex. Honor supercedes Right & Wrong. And by honor, I mean it more in the pride/status sense.

I think Honor based society was in effect in the West up until the Renaissance where we only began to move away from it. Galileo & the scientific method showed that we started to care more about "just the facts" and less about the popular beliefs of society. To me Right & Wrong is based on the facts while Honor is based on emotion.

The Honor vs. Right & Wrong thing explains why we’ve stopped having religious "Crusades" while Islam seems still interested in expanding. Many of the fault attributed to Christianity in the West’s history really belong to the culture. If it wasn’t Christianity, it would be the King’s honor.

Anyway, I’ve been applying this concept to understand why behavior differs in our part of the world. And by far the West isn’t completely free of the "honor" thing. However it seems the further East you go, the greater the "honor" component seems to play in a society.

Looking at this case specifically we see that since the girl’s honor is not of adequate standing, the acts against her are not considered as grave.
Written By: John
URL: http://
Oral sex is rape?
Written By: The Owner’s Manual
Well, oral sex is forcible sodomy, which is more or less equivalent to rape most of the time.

I agree ’in theory’ that the damage to the victim is less if he/she is not a virgin. However, the crime itself is the same. I’m not sure about Italian law, but in the US, criminal law is supposed to be based on the crime, not its negative effects. The theory is that breaking the law harms the state, hence "The State of Texas v. Tom, Dick and Harry." Mitigating factors are things that affect the perpetrator, not the victim.
Written By: Effeminem
I wonder would the discussion work the same if she had crept in the next night and "sodomized" him with a Genoa salami.
Would he consider that a lesser crime? because, after all, he’s not a virgin ya know.

And I suppose if ya buy the Clintonian argument that oral sex isn’t intercourse, I guess it’s not "rape" either....ahhhh, the wonders of
nuance in language and how it’s used to rape human dignity in a legal fashion.

Written By: looker
URL: http://
Zex Drugs un ROCKY Road
c r e d i t b y m i l a n . c o m

m i l a n . t h a k k a r @ g m a i l . c o m
Written By: Marco Hraksem

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