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Not a virgin? Sex crimes aren't as serious


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#1
Atnevon

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ROME, Italy (Reuters) -- 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.

This means the man could now be handed a lighter sentence.

News of the ruling immediately drew fire.

"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.

Female politicians from across the political spectrum also strongly condemned the court's decision.

"This is a shameful, devastating ruling," said Alessandra Mussolini, grand-daughter of wartime fascist dictator Benito Mussolini. "The real problem is that there are no women in the supreme court."

Luana Zanella of the Greens opposition party called the court's arguments "abominable".

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.

Source: CNN.com
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#2
Dirk

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One point you have to give the italians, when it comes to sexual abuse they are even worse and madder than americans.

The idea of things being not as bad when you have voluntary experienced something like it, is totally ridicilous.

Some comparison, you got a tattoo one day because you like it, and then it makes it not so bad when someone carves "you're my bitch" in your back with a knife, because you already had a tatoo.

(at least, thats the logic i see here.)
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#3
psychophipps

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Well, I was in a fight once that involved a baseball bat breaking my left leg. Hate to think about getting into a brawl over in Italy where someone breaks my head. "Well, your honors, this american had his leg broken in a brawl once. This injury to his head that has recently reduced him to a vegetative state obvously involves his assailant striking a previously damaged body. Please reduce my client's sentence accordingly."

WTF where they thinking?!?
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Edited by psychophipps, 22 February 2006 - 05:16 PM.


#4
NeverBorn

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Personally, I think they may almost have something here. But instead of saying "She's not a virigin so it's not as bad", I'd be more inclined to make a law that states "If she's a virigin it's worse." Let me explain that logic.

Instead of giving leniency on someone for abusing someone who's not a virigin, the laws should have additional charges attached to them for doing such things to someone who is a virgin. Though applied, in my oppinion, wrongly here, the idea that a person who has already willingly experienced sex and is thus more capable of rationalizing what is going on does have some merit. It's still just as wrong either way, but to thrust a child into a that sexual world completely without the mental understanding to even understand what's going on is just more cruel IMO.
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#5
StaticGoth

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Virgin or not, sexual abuse and sex crimes are horrible, and should be severely punished.... death?

Someone I know was a victim, she's never been the same since, it saddens me so bad.
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#6
Aphotic

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What's even more sad is despite how sickened people act towards these sort of occurances, they have been happening for centuries, just it hasn't been called out as often as it is now a days.

Yeah I agree with neverborn. Though there is a slight difference, you shouldnt lessen the sentence, only make it worse if they are a virgin.

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