Abstract
Over the past years medical centres specifically addressed in gender-based violence have developed protocols for the collections of evidence useful in the courtroom, including accurate documentation of physical and psychological states of the victim and collection of samples. Previous studies showed an association between documented physical trauma and conviction but unfortunately, few studies in the recent literature analysed the factors that influence the legal outcome and final judgement. The present study focused on the elements that appeared of significance in the legal outcome, including medico-legal evaluation, source of the crime report and circumstance of the assault. It was conducted a retrospective analysis of all the judgments issued by the Public Prosecutor's Office at a Court of a Metropolitan Italian city regarding sexual and domestic violence, from January 1st 2011 to 31st December 31st 2015. Examination regarded the demographic information of the victim and of the defendant, information on the crime, the circumstances of the aggression and medical information retrieved. Sentences were subsequently divided into two categories based on the legal outcome (conviction vs acquittal) and the different characteristics of the two sub-populations were compared to verify if there were variables significantly associated to the judge's final judgment. Over the 5 years taken into consideration, there have been 1342 verdicts regarding crimes of sexual violence (374 cases) and regarding abuses against family members or cohabitants (875): other 93 cases regarded both sexual violence and abuse. 66.3% ended in conviction of the offender and 33.7% in acquittal of the accused. Cases of conviction were more frequent when they involved: use of a weapon by the assailant, as well as if the assailant had a criminal record and had a history of drug abuse or other addictions; duration of proceeding less 22 months and a civil party involved; presence of clinical documentation together with other deposition in addition to victim's deposition; also frequent episodes of violence and application of precautionary measures were associated to conviction. Many factors seem able to influence the judge's judgment, although clearly each case must be singularly evaluated. The mere presence of medical documentation, without the support of other sources of evidence, such as the victim's statement or further declarations, however, is almost always not definitive for the verdict. Despite so, in cases where there are multiple sources of evidence, clinical documentation can provide useful elements and can give clues on the consistency between the history told and injuries observed.
Highlights
Sentences were subsequently divided into two categories based on the legal outcome and the different characteristics of the two sub-populations were compared to verify if there were variables significantly associated to the judge’s final judgment
Over the 5 years taken into consideration, there have been 1342 verdicts regarding crimes of sexual violence (374 cases) and regarding abuses against family members or cohabitants (875): other 93 cases regarded both sexual violence and abuse. 66.3% ended in conviction of the offender and 33.7% in acquittal of the accused
Cases of conviction were more frequent when they involved: use of a weapon by the assailant, as well as if the assailant had a criminal record and had a history of drug abuse or other addictions; duration of proceeding less 22 months and a civil party involved; presence of clinical documentation together with other deposition in addition to victim’s deposition; frequent episodes of violence and application of precautionary measures were associated to conviction
Summary
The Declaration on the Elimination of Violence against Women, adopted by the United Nations (1993), defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life" [1].In Europe, the Council of Europe Convention on preventing and combating violence against women and domestic violence, the so-called Istanbul Convention (2011), confirmed the previous definition and defines gender-based violence as any violence directed against a woman as such, or that affects women disproportionately (art.3) [2].By applying these definitions, different forms of violence against women can be identified, such as violence inflicted by partners, sexual violence imposed by non-partners, sexual harassment and violence in the workplace, educational institutions and in sport, genital mutilation, early or forced marriage, physical, psychological and economic abuse, etc.According to Italian law, violence against women can be punished mainly on the basis of two articles of the Penal Code: one in which "anyone, by constraint, violence, deceit or abuse of authority, forces another person to commit or undergo sexual acts" (Penal Code, Art 609bis), including rape and sexual harassment, and one in which a person “abuses or maltreats a person of the family or otherwise cohabiting, or a person subject to his authority” (Penal Code, Art 572), including neglect and all cases of physical, psychological and economical violence repeated over time.In Italy, according to the data of the latest survey published by ISTAT (Istituto Nazionale di Statistica—National Statistical Institute) (2014) [3], the number of women who report having experienced violence (physical, sexual or psychological) in the last 5 years has decreased compared to the previous ISTAT survey produced in 2006 [4], domestic and Sexual assault and abuse committed against family members sexual violence is still a widespread phenomenon, which has manifestations perceived as very serious by more women than in the past (34.5% of them feared for their lives, compared to 18.8% in 2006) and which are objectively, of greater physical severity, since in 40.2% of cases the victim suffered injuries, compared to 26.3% in 2006.In November 2017, a National Anti-Violence Plan (2017–2020) was approved by the Italian Council of Ministers. In Europe, the Council of Europe Convention on preventing and combating violence against women and domestic violence, the so-called Istanbul Convention (2011), confirmed the previous definition and defines gender-based violence as any violence directed against a woman as such, or that affects women disproportionately (art.3) [2]. By applying these definitions, different forms of violence against women can be identified, such as violence inflicted by partners, sexual violence imposed by non-partners, sexual harassment and violence in the workplace, educational institutions and in sport, genital mutilation, early or forced marriage, physical, psychological and economic abuse, etc. The present study focused on the elements that appeared of significance in the legal outcome, including medico-legal evaluation, source of the crime report and circumstance of the assault
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