Believing that the legal system exists to protect you is a comforting illusion. It's a structure built to uphold justice, right? But for survivors of sexual violence, that illusion often shatters the moment they step into a courtroom.
The European Court of Human Rights just handed down a blistering reality check to the Italian judicial system. The Strasbourg court ordered Italy to pay roughly €60,000 in compensation to Audrey Ubeda, a French citizen who endured years of abuse. Why? Because an Italian prosecutor dismissed her allegations of repeated rape by her partner by calling it "normal" behavior.
It's a ruling that exposes a systemic problem. It shows how deep-rooted bias still corrupts the legal process.
The Myth of Necessary Resistance
The details of Ubeda’s experience are harrowing. In April 2021, while living in the Avellino region of southern Italy, she went to the police. She reported that her partner had physically and mentally abused her and their two children. Her complaint included allegations of repeated rape and an incident where he held a knife to her throat.
What happened next is a textbook case of secondary victimization. The prosecutor handling the investigation filed a request to dismiss the case. The reason? The prosecutor labeled the knife incident as a "bad joke." The physical violence against the children was brushed off as mere "disciplinary" action that stayed within parental authority.
Then came the justification for the sexual assault. The prosecutor claimed it was tough to prove rape because the partner might not have known Ubeda didn't consent. The magistrate wrote 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."
Think about that line. It doesn't just excuse assault. It normalizes it. It frames sexual violence as a standard domestic negotiation where a man's desire overrides a woman's exhaustion. The assumption is that women always play hard to get, even when they're terrified.
When the System Turns on the Victim
Fortunately, the request to dismiss was denied. A new prosecutor took over, and the ex-partner was eventually convicted and sentenced to four and a half years in prison by a court of first instance. He remains free while appealing the verdict.
But the damage from the initial investigation was done. Ubeda and her two children spent three years living in a shelter.
The ECHR stepped in because the Italian state failed in its positive obligations. The court ruled that the prosecutor’s comments relied on harmful sexist stereotypes and actively downplayed gender-based violence. The legal system itself subjected Ubeda to further trauma. The court found Italy violated the basic prohibition against inhuman and degrading treatment.
There's a specific sting to this case. Ubeda later discovered that the prosecutor who penned those words was a woman. It’s a stark reminder that patriarchal bias isn't tied to gender. It’s baked into the institutional culture.
The Broader Legal Battle Over Consent
This isn't an isolated incident or a one-off mistake by a rogue magistrate. It reflects a major legislative battle happening across Europe right now.
The European Parliament recently passed a resolution demanding a unified, consent-based definition of rape across all member states. The goal is to establish an "only yes means yes" standard. This approach recognizes that silence, fear, or a lack of physical resistance does not equal consent. The Human Rights Watch recently flagged that Italy's draft laws on sexual violence have actually threatened to move backward, pushing the burden of proof back onto the victim to show they explicitly said "no."
When the law requires proof of physical resistance or a loud refusal, it ignores how trauma works. Many victims freeze. They submit to survive. When prosecutors expect women to fight back violently to prove they were assaulted, they're using an outdated, dangerous standard.
What Needs to Change Next
Real reform requires more than just paying fines when the ECHR calls out a violation. True change demands systematic overhaul.
- Mandatory Judicial Training: Human rights organizations have repeatedly called for mandatory, continuous training on gender-based violence for all legal professionals. Magistrates and prosecutors must learn to recognize trauma responses and eliminate archaic stereotypes from their legal briefs.
- Codifying Clear Consent Laws: Legal definitions must align with the Istanbul Convention, which Italy ratified. The law needs to state clearly that sex without freely given consent is rape, period.
- Immediate Victim Protection: The three years Ubeda spent in a shelter highlights the lack of immediate, robust state support systems for survivors and their children during active legal battles.
If you or someone you know is facing domestic abuse or sexual violence, don't rely solely on local police forces who may lack specialized training. Reach out to dedicated support networks. In Italy, the anti-violence network D.i.Re provides specialized legal and psychological aid. Across Europe, the Women Against Violence Europe (WAVE) network offers resources to help navigate the system safely. Document every incident, secure independent legal counsel early, and connect with advocacy groups that can hold local authorities accountable.
