Three years of imprisonment for the accusation of mistreatment, acquittal "because the fact does not constitute a crime" for that of aggravated sexual violence. This is the judgment of the judges of the second penal section, chaired by Wilma Angela Mazzara, against G.M., 37, of Lampedusa.
The woman, a civil party with the assistance of the lawyer Teresa Re, was even included in a protected community together with her children to escape the violence of the accused. The 37-year-old would have hit her with slaps and kicks even pulling objects at her, threatening her with death – again for trivial reasons according to the accusation – and forcing her to have sex.
This last aspect, which however the board of judges composed also of Giuseppe Miceli and Antonio Genna has excluded, constituted also a single head of imputation of aggravated sexual violence for which he was acquitted. The man, in particular, defended by the lawyer Serena Gramaglia, was accused of having forced the woman "psychologically submissive, to have sexual relations making her understand that if he refused he would have hurt her physically". The judges, in reality, ruled out the accusation of sexual violence believing that only the conduct of mistreatment was integrated.
The public prosecutor Sara Varazi had instead asked for the conviction, for all charges, at ten years and six months of imprisonment.
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