The European Court of Human Rights (ECHR) has ordered Italy to pay approximately €60,000 in compensation to Audrey Ubeda, a French citizen whose allegations of repeated rape by her partner were dismissed by an Italian prosecutor as 'normal' for men who struggle to overcome resistance from 'tired' women.
Prosecutor's remarks deemed sexist
The court ruled that the prosecutor's remarks perpetuated 'sexist stereotypes' and downplayed gender violence, resulting in Ubeda being subjected to further victimisation. The ruling also found that the prosecutor—and by extension the Italian justice system—failed to provide a prompt, thorough, and effective investigation as required in domestic abuse cases.
Ubeda expressed shock upon learning that the prosecutor who made the dismissive comments was a woman. The ECHR ruling did not cite the prosecutor's gender.
Background of the case
The case dates back to April 2021, when Ubeda, who had been living with her Italian partner in the Avellino area of southern Italy, filed a police complaint alleging physical and mental abuse against herself and their two children. She claimed her partner raped her several times and held a knife to her throat in front of two witnesses, implying her case would end up in newspapers like other femicides.
Later that year, the prosecutor in charge of the investigation requested dismissal, referring to the knife incident as 'a bad joke' and stating that physical violence against the children was merely disciplinary and within parental authority. The prosecutor argued it was difficult to establish rape because the man might not have been aware of his partner's lack of consent, 'considering that it is normal for men to have to overcome a minimum level of resistance that every woman tends to display when she is tired from daily life and a man makes a sexual advance.'
Outcome and compensation
The dismissal request was denied, and a new prosecutor was assigned. The accused man stood trial and was sentenced to four and a half years in prison by a court of first instance; he remains free pending appeal.
The ECHR ordered Italy to pay roughly €60,000 (£51,000) to Ubeda and her two children, who lived in a shelter for three years. The court ruled that authorities violated the prohibition of inhuman and degrading treatment towards domestic violence victims, including failing to adopt adequate measures such as assigning a family home or authorising their request to move to France.
Ubeda's reaction
Speaking to Italian press, Ubeda called the ruling 'a vindication' and 'a victory for all women.' She told La Repubblica: 'When my lawyer explained that a magistrate had exonerated my ex by invoking the image of a man who must overcome a woman's resistance to have sex, I felt wounded all over again. I was shocked to then learn that those words had come from a female prosecutor.'
