Renaissance Redux? Chastity and Punishment in Italian Rape Law

Abstract

This essay examines an Italian sexual assault case that received significant media attention. The Corte d'appello of Cagliari concluded that the defendant was not entitled to a reduced sentence when he was convicted of sexually assaulting his fourteen-year-old stepdaughter. On review, Italy's Corte di Cassazione held that the lower court's refusal was erroneous. The Corte di Cassazione faulted the appellate court for failing to consider that the victim had already engaged in sexual activity with others. This case illustrates how changing rape laws on the books does not always bring about immediate change in attitudes. Indeed, notions of chastity and rape myths continue to influence interpretation of Italian rape law reforms.

Keywords: Italy, rape law, sexual assault, prior sexual history of victim, Corte di Cassazione